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PROJECT SUMMARY

Consultations.gov is a proposed initiative that would provide the public a single point of entry to online consultation processes occurring in federal agencies.

The site might take several forms. These could range from a directory with links to ongoing and scheduled agency consultations (comparable to what usa.gov does on a grander scale) to the exclusive site at which all federal agency web-based consultation must occur (comparable to regulations.gov for e-rulemaking).

Perhaps the most interesting form from a research perspective—as well as the most likely to be useful/successful from an agency perspective—is a mid-range point on the spectrum: Consultations.gov could host and facilitate online consultations, for agencies choosing to use it, by providing an array of supported protocols suited to different circumstances. Relevant circumstances might include agency objective, size and nature of target participant group, nature of regulatory policy issue, and type and stage of regulatory proceeding.

At least at the federal level, the U.S. has been slow, in comparison with other countries and the European Union, to explore web-based methods of engaging the public in discussion of public policy questions. Regulations.gov begins this process by bringing the notice-and-comment part of rulemaking online. However, even apart from concerns about whether that site adequately supports the average member of the public in comprehending the rulemaking process, [see The Public Interface Project], informed observers have always recognized that the opportunity for public comment comes very late in the process of solidifying the agency's commitment to the rule. Even though it moves the process online, regulations.gov makes no essential change in the timing or nature of the consultation with the public. And in any event, important as rulemaking is, it is only one of several contexts in which significant policy issues come before agencies agencies.

Hence there is a need to provide support, in technology and forms of practice, for federal agencies to use the Web to engage the public, or targeted subsets (scientific experts, technical sub-communities, NGOs, etc.) in consultations that reach beyond the normal group of repeat players and other insiders who communicate regularly with agencies outside of formal processes. However, this effort is unlikely to succeed unless we understand and address the factors that have, until now, inhibited such experimentation.

As the first step in this process, CeRI and AmericaSpeaks will sponsor a January 2008 workshop at which approximately 50 researchers from law and political science, information and computer science, and various social sciences with join government officials and civic e-democracy organizations to discuss these issues and scope a research and development agenda for consultations.gov.

Workshop Goals

  • Share, and assess, past agency experiences with forms of online public consultation;

  • Identify reasons why more online agency consultations have not thus far occurred;

  • Identify desirable features of a consultation portal, from the perspectives of agencies and of the various publics who are likely users, including the design and technology for enabling consultation services (e.g., social networking, instant messaging, blogging, wikis, virtual forums, simulations);

  • Determine the extent to which the portal should serve as a: consultation directory, a standards-recommending effort, a voluntary opt-in environment, a mandatory consultation environment, or some combination of these;

  • Identify key obstacles to design and implementation of the most desirable/practicable version(s) of consultations.gov, including (1) social and technical dimensions that would enable and/or constrain such an electronic environment; and (2) issues of data collection, handling, and use in order to ensure individual privacy while maximizing business intelligence capabilities.

  • Develop strategies to move consultations.gov forward, including identifying potentially desirable consultation protocols to be available, and advocating research support of pilot programs with agency partners to refine these protocols and specify the criteria/circumstances under which they are most suitable.

This workshop is hosted by the Center for the Study of Rulemaking at American University and is supported by a grant from the Rockefeller Foundation. Any opinions, findings, conclusions or recommendations that may be forthcoming will be those of the participants and do not necessarily reflect the views of the sponsors.