[Federal Register Volume 89, Number 55 (Wednesday, March 20, 2024)]
[Notices]
[Pages 19885-19887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05882]
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OFFICE OF MANAGEMENT AND BUDGET
Methods and Leading Practices for Advancing Public Participation
and Community Engagement With the Federal Government
AGENCY: Office of Management and Budget (OMB), Executive Office of the
President.
ACTION: Request for Information (RFI).
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SUMMARY: The Federal Government is committed to making it easier for
the American people to engage with their Government, and to harnessing
their knowledge, needs, and lived experiences to improve how Government
works for them and with them. Federal laws and Executive directives
require agencies to frequently consult with the public to inform
regulations, policies, program and service design, and other actions.
However, these consultation efforts may be perceived as inaccessible,
convoluted, or disconnected from the interests and priorities of
impacted stakeholders. According to the 2023 Partnership for Public
Service (PPS) survey on trust in government, only about 1 in 5
Americans believe that the Federal Government ``listens to the public''
or ``is transparent.''
The Office of Management and Budget (OMB), in partnership with
Federal agencies and the public, is working to develop a government-
wide framework, common guidelines, and leading practices for public
participation and community engagement (PPCE or ``participation and
engagement''). This framework will enable agencies to more frequently,
effectively, broadly, and meaningfully involve the public, including
underserved communities, in government decision-making.
Through this Request for Information (RFI), OMB seeks input on the
experiences of individuals and organizations, including from
underserved communities, with informing Federal Government decision-
making and participating in engagement activities with government
agencies; examples of leading practices in this space; and other
recommendations on available methods, approaches, and tools that could
assist in the effort to develop and implement a Federal framework for
participation and engagement. OMB welcomes input from a wide and
diverse array of stakeholders in the public, private, advocacy, not-
for-profit, and philanthropic sectors, including State, local, Tribal,
and territorial governments. OMB will review and consider the usability
and applicability of responses to this RFI as OMB develops a Federal
framework for PPCE and supports agencies in their work to ensure that
their policies and actions are responsive to all Americans.
DATES: Responses to this RFI should be received by May 17, 2024. To the
extent practicable, OMB will also consider comments received after that
date.
ADDRESSES: In an effort to improve accessibility, OMB is offering
multiple options to provide feedback.
Responses can be submitted via the Federal eRulemaking Portal at
https://www.regulations.gov/. Follow the instructions for submitting
comments.
Alternatively, responses may be submitted through a simple form at
https://www.performance.gov/participation/. Instructions for submitting
responses through that form can be found on the site, as well as
options to register for events that OMB will host to gather live input
and feedback from the public. Participation in these events is not
required in order to respond to this RFI.
Instructions for Submission: Written comments should not exceed 10
pages. Attachments or linked resources or documents are not included in
the 10-page limit. Please use concise, plain language in narrative or
bullet format. OMB has provided some key questions on which public
insights would be most valuable (see Supplementary Information, Part
III). You may respond to some or all of these questions, and additional
feedback beyond these questions is also welcome. Any links you provide
to online materials or presentations must be publicly accessible. Each
response should include:
The name of the individual(s) and/or organization(s)
responding;
RFI question(s), topic(s), and/or policy suggestions that
your submission and materials address;
A brief description of the responding individual(s) and/or
organization(s)'s mission and/or areas of experience or expertise; and
A contact for questions or other follow-up on your
response.
Please feel free to share this RFI with colleagues or others for
feedback, including those who may be familiar with effective outreach
to underserved communities.
Privacy Act Statement: Response to this RFI is voluntary. The
information will be used to inform sound decision-making regarding the
PPCE framework and other related matters. Please note that all
submissions received in response to this notice may be posted on
https://www.regulations.gov/ or otherwise released in their entirety,
including any personal and business confidential information provided.
Do not include in your submissions any copyrighted material;
information of a confidential nature, such as personal or proprietary
information; or any information you would not like to be made publicly
available. The OMB System of Records Notice, OMB Public Input System of
Records, OMB/INPUT/01, 88 FR 20913 (https://www.federalregister.gov/documents/2023/04/07/2023-07452/privacy-act-of-1974-system-of-records),
includes a list of routine uses associated with the collection of this
information.
By responding to the RFI, each participant (individual, team, or
legal entity) warrants that they are the sole author or owner of, or
has the right to
[[Page 19886]]
use, any copyrightable works that the submission comprises, that the
works are wholly original (or is an improved version of an existing
work that the participant has sufficient rights to use and improve),
and that the submission does not infringe any copyright or any other
rights of any third party of which participant is aware.
Individuals and organizations who respond to this RFI may be
contacted for additional clarification, related discussions, events,
surveys, crowdsource campaigns, or competitions.
FOR FURTHER INFORMATION CONTACT: Please email
[email protected] with ``PPCE RFI'' in the subject line,
or contact Cherie Klein at 202-881-6220.
SUPPLEMENTARY INFORMATION:
I. Background
In a government of the people, by the people, and for the people,
inclusive, effective, and meaningful participation and engagement is
one of the foundational principles of government decision-making. A
wide range of Federal statutes provide for participation and engagement
across routine Federal agency functions--from rulemaking to strategic
planning and evaluation. These include the Administrative Procedure Act
of 1946 (Pub. L. 79-404), Paperwork Reduction Act of 1995 (Pub. L. 104-
13), Government Performance and Results Act Modernization Act of 2010
(Pub. L. 111-352), and Foundations for Evidence-based Policymaking Act
of 2018 (Pub. L. 115-435).
Consistent with these laws, a range of Executive actions and policy
directives also encourage and, in many cases, require agencies to
develop better mechanisms to receive direct feedback from and engage
with the people, organizations, and communities served by the Federal
Government. These include:
Executive Order (E.O.) 13175 on Consultation and
Coordination With Indian Tribal Governments;
2011 Open Government Declaration, endorsed by the U.S., as
a founding member of the Open Government Partnership (OGP) and current
member of the OGP Steering Committee;
E.O. 13707 on Using Behavioral Science Insights To Better
Serve the American People;
E.O. 14058 on Transforming Federal Customer Experience and
Service Delivery to Rebuild Trust in Government;
E.O. 14091 on Further Advancing Racial Equity and Support
for Underserved Communities Through the Federal Government;
E.O. 14094 on Modernizing Regulatory Review;
E.O. 14096 on Revitalizing Our Nation's Commitment to
Environmental Justice for All;
Fifth U.S. Open Government National Action Plan;
Biden-Harris Administration President's Management Agenda;
OMB Circular No. A-11 (Preparation, Submission, and
Execution of the Budget);
OMB Memorandum on Broadening Public Participation and
Community Engagement in the Regulatory Process;
OMB Guidance Implementing Section 2(e) of E.O. 14094;
OMB Memorandum M-24-08 (Strengthening Digital
Accessibility and the Management of Section 508 of the Rehabilitation
Act);
OMB Memorandum M-23-22 (Delivering a Digital-First Public
Experience);
OMB Memorandum M-22-12 (Advancing Effective Stewardship of
Taxpayer Resources and Outcomes in the Implementation of the
Infrastructure Investment and Jobs Act);
OMB Memorandum M-21-28 (Interim Implementation Guidance
for the Justice40 Initiative); and
OMB Memorandum M-21-20 (Promoting Public Trust in the
Federal Government through Effective Implementation of the American
Rescue Plan Act and Stewardship of the Taxpayer Resources).
A growing body of evidence in the public and private sectors has
documented a strong relationship between effective PPCE and improved
public perception of and trust in government. In the 2022 PPS survey on
trust in government, about one-third of the respondents said that being
more responsive to the public and being more transparent were among
their key priorities for government improvement. Meanwhile, a survey
conducted by the Organization for Economic Cooperation and Development
(OECD) found that if people believed their feedback would be used to
improve a program, they trusted government 60 percent of the time,
whereas if they did not feel it would be used, they trusted government
only 20 percent of the time.
Aside from building greater trust, effective PPCE can also improve
the design, inclusivity, and accessibility of government policies and
programs. This is particularly true when the Federal Government's
management of its customer experience and service delivery is
responsive to customer needs, interests, and priorities, as identified
through human-centered design methodologies; empirical customer
research; an understanding of behavioral science and user testing,
especially for digital services; and other mechanisms of participation
and engagement. For example, research by the U.S. Department of Health
and Human Services (HHS) found that when HHS staff consulted with
program participants and considered their lived experiences,\1\ the
outcomes and impacts of Federal programs, policies, and practices
improved and resulted in benefits for both participants and Federal
staff, including an increased understanding of the needs of HHS's
customers and other stakeholders.
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\1\ HHS defines people with lived experience as individuals
directly impacted by a social issue or combination of issues who
share similar experiences or backgrounds and can bring the insights
of their experience to inform and enhance systems, research,
policies, practices, and programs that aim to address the issue or
issues.
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A Federal framework for PPCE will help agencies to:
Broaden the kinds of people and groups reached;
Expand the government's knowledge and consideration of the
range of lived experiences and perspectives;
Increase and improve participation and engagement across
different agency functions;
Identify when to effectively involve the public in
decision-making processes and provide timely, ongoing opportunities for
input;
Better understand how PPCE aligns with and across multiple
Federal laws, Executive priorities, mandates, and requirements;
Embed PPCE within different agency functions; and
Build on successes and model new participation and
engagement efforts to strengthen a government that is inclusive,
transparent, accountable, and responsive to the American people.
II. Definitions
E.O. 14058, E.O. 14091, and various OMB Memoranda use the following
government-wide definitions, which OMB adopts for purposes of this RFI:
The term ``customer'' means any individual, business, or
organization (such as a grantee or State, local, or Tribal entity) that
interacts with an agency or program, either directly or through a
federally-funded program administered by a contractor, nonprofit, or
other Federal entity.
The term ``customer experience'' means the public's perceptions of
and overall satisfaction with interactions with an agency, product, or
service.
[[Page 19887]]
The term ``public participation'' in government means any process
that involves members of the public in government decision-making. It
seeks and facilitates the involvement of those affected by, or
interested in, a government decision, including individuals; State,
local, Tribal, and territorial governments; non-profit organizations;
educational institutions; businesses; and other entities.
The term ``community engagement'' is a more specific concept within
public participation that involves agency actions to build trust-based,
long-term, and two-way relationships with all communities, including
underserved communities that have been historically left out of
government decision-making.
The term ``human-centered design'' means an interdisciplinary
methodology of putting people, including those who will use or be
impacted by what one creates, at the center of any process to solve
challenging problems.
The term ``service delivery'' means actions by the Federal
Government related to providing a benefit or service to a customer of a
Federal Government entity. Such actions pertain to all points of the
Government-to-customer delivery process, including when a customer
applies for a benefit or loan, receives a service such as health care
or small business counseling, requests a document such as a passport or
Social Security card, files taxes or declares goods, uses resources
such as a park or historical site, or seeks information such as notices
about public health or consumer protection.
The term ``underserved communities'' refers to those populations as
well as geographic communities that have been systematically denied the
opportunity to participate fully in aspects of economic, social, and
civil life, and may include Black, Latino, Indigenous and Native
American, Asian American, Native Hawaiian, and Pacific Islander persons
and other persons of color; members of religious minorities; women and
girls; LGBTQI+ persons; persons with disabilities; persons who live in
rural areas; persons who live in United States Territories; persons
otherwise adversely affected by persistent poverty or inequality; and
individuals who belong to multiple such communities. (While not
mentioned explicitly in this definition, underserved communities also
include individuals with limited English proficiency, whether they use
spoken language, sign language, or other methods to communicate.)
The term ``user'' means any individual that interacts with a
website or a digital service, often to complete a task or transaction.
III. Topics and Key Questions
OMB seeks feedback on the following three topic areas: (1)
experiences individuals and organizations, including from underserved
communities, have had in participating (or trying to participate) in
Federal Government PPCE activities (e.g., notice and comment processes,
Requests for Information, consultations, listening sessions, customer
feedback surveys, user research, crowdsourcing) that inform government
decision-making; (2) content to incorporate in a Federal framework for
PPCE, including common guidelines and leading practices that can help
Federal employees better use these methods; and (3) how OMB might
continue to pursue a collaborative process to co-develop such a
framework with the public. OMB encourages respondents to answer each
question listed below and to include any other related input that
respondents believe OMB should consider. However, respondents do not
have to answer every question and may provide additional feedback for
OMB to consider in developing and implementing this Federal framework
for participation and engagement. Whenever possible, OMB requests that
respondents share examples, data, and/or research or academic
literature. Respondents may also include links to publicly accessible
online materials and presentations.
1. Experience participating in Federal Government PPCE activities:
What is the Federal Government doing well when you (or
your organization) participate in or try to participate in government
PPCE activities? Please include any specific examples.
What challenges, including any physical or digital
accessibility barriers, have you encountered when you (or your
organization) participate in or try to participate in Federal
Government PPCE activities? How could those challenges have been
avoided or mitigated? Please include any specific examples.
What might the Federal Government do to make it easier or
more likely for you (or your organization) to participate and engage
with the Federal Government to inform government decision-making (e.g.,
to share concerns, recommendations, experience, knowledge, or expertise
on government policies, regulations, programs, plans, priorities, and
services)?
What is your understanding of how individuals and
organizations can engage with the Federal Government to inform
government decision-making, and of various opportunities (both past and
present) to do this? What can the Federal Government do to reach and
include a broader and more diverse range of people and groups,
especially those who might typically be missed?
2. Content in a Federal framework for PPCE:
What types of content (e.g., methods, tools, definitions,
research on the value of participation and engagement, promising
practices) could OMB include in a Federal framework for PPCE that would
be effective and informative for Federal agencies to initiate or
improve their participation and engagement activities, including those
carried out with underserved communities? Please share any specific
examples.
How might OMB facilitate agencies adopting and effectively
applying such practices, given the wide range of possible PPCE
activities and focus areas?
What are effective ways for the Federal Government to
provide updates to the public about the feedback it receives during,
and decisions made after, PPCE activities? Please include any specific
promising practices.
What goals and objectives should OMB consider when
developing a Federal framework for PPCE?
What guidance might OMB provide to agencies for developing
their own goals and objectives for participation and engagement? What
metrics could OMB suggest to help agencies assess the success and/or
impact of their PPCE activities (e.g., participant diversity, breadth
and saturation of reach, new or unique perspectives gained, engagement
quality, engagement satisfaction, usability of feedback on government
decision-making)?
3. Collaborative process to co-develop a Federal framework for
PPCE:
In co-developing a Federal framework for PPCE, what
specific steps should OMB take that involve the Federal Government and
the public, especially engaging members of underserved communities, to
ensure collaborative development of the framework? Please share any
promising practices and successful examples.
Loren Schulman,
Associate Director, Office of Performance and Personnel Management,
Office of Management and Budget.
Samuel Berger,
Associate Administrator, Office of Information and Regulatory Affairs,
Office of Management and Budget.
[FR Doc. 2024-05882 Filed 3-19-24; 8:45 am]
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