Create an administrative system for all

Experts explore how federal agencies can better include and serve marginalized communities.

In Executive Order 13985President Biden has urged federal agencies to “pursue a holistic approach to advancing equity for all,” including historically socioeconomically marginalized communities.

To further this goal, the Administrative Conference of the United States (ACUS) hosted a multi-day forum in which panelists discussed how administrative agencies could better identify and engage with underserved communities. The forum Underline the importance of an administrative state that is more accessible to vulnerable communities and incorporates their views into policy-making.

Based on this forum, ACUS tenuous a second forum focused specifically on how to improve public participation in the rule-making process. Marginalized communities can engage with federal agencies by offering input during the rule-making process, but public input can pose challenges for regulators. In this second forum, the panelists explored the value of public input and the methods agencies can use to address it.

Regulatory Review invited panelists from both forums to discuss how federal agencies can better serve all communities, including those least represented in policy making. By offering this series, Regulatory Review hopes to bring the important ideas discussed in the ACUS Forums to our global audience.

The contributors to this series are: Prefect T. BullACUS; John D. GrahamPaul H. O’Neill School of Public and Environmental Affairs; Sally KatzenNew York University School of Law; Eduardo MartinezUniversity of Cincinnati; Bijal ShahArizona State University Sandra Day O’Connor College of Law; Sidney A. ShapiroWake Forest Law; Samara SpenceDemocracy forward; Robin Thurston, Democracy forward; and Matthew Lee WienerACUS.

March 7, 2022 | Sally Katzen, New York University School of Law

Public comment allows agencies to understand the views of those who are intended to benefit from the regulations.

Regulatory reform, benefit-cost analysis and the poor

March 8, 2022 | John D. Graham, Paul H. O’Neill School of Public and Environmental Affairs

Every major regulation should also include a benefit-cost analysis from the perspective of low-income Americans.

Institutionalize equity in agency decision-making

March 9, 2022 | Matthew Lee Wiener, ACUS

Agencies can increase accessibility and participation of underrepresented communities by creating internal rules on how rules are made.

Reimagining the role of the public in shaping agency rules

March 10, 2022 | Warden T. Bull, ACUS

Congress should adapt the notice and comment process for more meaningful public participation.

Marginalized groups and the multiple languages ​​of regulatory decision-making

Marginalized groups and the multiple languages ​​of regulatory decision-making

March 14, 2022 | Sidney A. Shapiro, Wake Forest Law

Agencies need to incorporate the ideas of marginalized communities to empower them.

Democratic innovation to improve agency feedback

March 15, 2022 | Eduardo Martinez, University of Cincinnati

Agencies should consider new tools to broaden access to public opinion in the rule-making process.

Beyond OIRA for fairness in the regulatory process

March 16, 2022 | Bijal Shah, Sandra Day O’Connor College of Law

OIRA should use both top-down and bottom-up approaches to advance equity at the agency level.

Regulatory commitment is due for an upgrade

March 17, 2022 | Samara Spence and Robin Thurston, Democracy Forward

Fixing and improving the feedback process will increase public accessibility to the regulatory process.

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