"Electronic rulemaking, or 'e-rulemaking,' began in the federal government within individual agencies in the mid- to late 1990s, but current government-wide initiatives can be traced to both congressional and presidential sources. For example, the E-Government Act of 2002 requires federal agencies, 'to the extent practicable,' to accept public comments on their rules electronically and to ensure that one or more federal websites contains those comments and other materials normally maintained in rulemaking dockets. E-rulemaking is also one of about two dozen e-government initiatives launched as part of the George W. Bush Administration's President's Management Agenda. In the first phase of the initiative, the Administration established a website through which the public can identify all federal rules that are open for comment and provide comments on those rules. The second phase involves the creation of a government-wide docket system that can allow the public to review rulemaking materials (e.g., agencies' legal and cost-benefit analyses for their rules) and the comments of others. The Environmental Protection Agency (EPA) is the lead agency for the e-rulemaking initiative. […] Although some have suggested that better communication is needed between Congress and the executive branch, the recent conflicts may reflect basic differences of opinion between the two branches regarding control of federal operations and how the branches should interact. A long-term issue is whether e-rulemaking should continue to be housed in EPA. This report will be updated as appropriate to reflect changes in the e-rulemaking initiative."
CRS Report for Congress, RL34210