The Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) published a blog item on August 14, 2024, announcing the availability of a report highlighting examples of agencies seeking to strengthen public participation and community engagement in the regulatory process. According to OIRA, while agencies have adopted a range of approaches depending on the type of action under consideration and the stakeholders they are seeking to engage, there are four recurring best practices:

• Early engagement with the public before a proposed rule is issued: According to OIRA, early opportunities for public input, like listening sessions, can help an agency better understand the relevant issues before it starts drafting a regulation;

• After the proposed rule is issued, supporting a robust public comment process that makes it easier for a broad range of stakeholders to comment: OIRA points out that through webinars, fact sheets, or listening sessions, agencies can inform members of the public about what the rule does and about how and when to submit a public comment;

• Encouraging participation from affected communities, including underserved communities, through proactive outreach and work with trusted intermediaries: OIRA states that targeted outreach can help affected communities that have not historically participated in the regulatory process to offer their perspectives; and

• Demonstrating how the agency took public input into account in preparing a final rule: OIRA notes that agencies should show they take public input seriously and that comments can have an impact on the agency’s decision-making.

The report details the leading practices of a range of agencies across the government and provides examples of strategies that agencies can consider adopting in their own rulemakings. OIRA compiled the report from insights gathered from agencies’ discussion of public participation in the fall and spring Regulatory Agendas, newly required by OIRA’s 2023 guidance, and input offered by agencies. OIRA states that it welcomes ideas from the public about ways to continue to improve public engagement in the regulatory process. Ideas can be shared with OIRA by e-mailing them to publicparticipation@omb.eop.gov.

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