OIRA Building Next Open Government Action Plan
On Nov. 17, ARSA Vice President of Operations Brett Levanto joined an engagement session hosted by the U.S. Office of Information and Regulatory Affairs (OIRA) soliciting input on improving participation in the regulatory process.
This session is part of the American federal government’s ongoing initiative to “open” government to better public engagement and participation. OIRA gathered input as part of its drafting a new Open Government National Action Plan, which the Biden administration intends to focus on building a more equitable, transparent, and accountable government. The plan will be the sixth since the program was first established in 2009 – each plan covers a two-year period, the current one ends in 2024 – and will include commitments related to public engagement in the work of government.
Speaking participants covered a broad range of regulated entities, including stakeholders from healthcare and small business interests as well as thinktanks and nonprofits focused on improving government openness or training the public in regulatory comprehension. General feedback considered regulatory engagement strategy, particularly encouraging agency to find new ways to connect with the segments of the public most likely to be impacted by a rulemaking action and do so as early in the process as possible. Specific notes included instruction on the use of resources like regulations.gov to find rulemaking documents and submit comments.
Two participants made points familiar to ARSA members dealing with the FAA:
(1) Rulemaking matters, but so does enforcement…perhaps more so. It does not matter what the Code of Federal Regulations says if the government doesn’t reasonably execute on its plain language.
(2) Agencies don’t regularly seem interested in collecting public comment but see it as a “necessary evil.” The procedures or mechanics of collecting feedback and input depend on the regulator’s capacity for action.
The discussion was held under the Chatham House Rule, which protects open exchange by preventing direct quotation or identification of speakers but allows participants to share general themes or points shared by participants. Interestingly, one speaker questioned the practice by calling it ironic to host a “closed meeting” in pursuit of open government.
