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Uploaded by Teresageoff11
Intro to Public Policy
10/28/22
Negotiated Rulemaking Act
The Negotiated Rulemaking act of 1990/1996 was first signed into law by President
George H. W. Bush in 1990. It was amended and recodified; the amended resolutions were
signed by President Bill Clinton in 1996.
Congress used this act to enforce the negotiated
rulemaking process and to establish a procedural framework. The act was intended to clarify that
agencies had the authority to use this type of rulemaking process voluntarily and encouraged
agencies to use it. Negotiated Rulemaking is a consensus based approach to drafting legislation.
It allows public comments and consultation on certain legislative laws being proposed prior to
them being formally implemented. Within this process agencies formulate a committee with
government representatives and the various affected stakeholders/interest groups the regulation
intends to effect in order to negotiate the terms of a proposed administrative rule.
I connected this act to the bottom-up theory of implementation and the factors that
influence successful policy implementation that were mentioned in the Brynard readings. The act
emulated a lot of characteristics that were within the bottom-up theory as the act focused on
actual actors involved in policy delivery. The act viewed local bureaucrats as the main actors in
policy delivery and conceived implementation as a negotiation process within a network of
implementers. In addition, the act stressed the importance of local bureaucrats, affected target
groups, and private actors in having their concerns be taken into account as well. As far as
factors that were visible regarding successful policy implementation, some that were identified
were: the act encouraged a more participatory and open approach, facilitated and encouraged
cooperation, and increased stakeholder involvement–which in turn increased trust among
stakeholders and governmental agencies, leading to more transparency within the system and the
policy process.
There was a lot of good discussion and questions revolving around the act that my
classmates brought up. Their questions allowed me to think about the act in ways I had never
really considered, which was good as they sparked critical thinking for me and the rest of the
class. Among the questions brought up was whether the act was absolutely necessary in order to
facilitate proper tools for policy implementation and if it was necessary to facilitate good policies
in general. Some of the responses were varied, saying it was not necessary considering a small
amount of legislation had been passed using this type of rulemaking while others thought it was
important in areas of policy such as education. Another classmate raised the question of
ambiguity and how this factor would affect the implementation of the policy. This revealed an
important aspect of how the opportunity of ambiguity would allow more bottom-up theories of
implementation and less ambiguity would lead to more influence of top-down theories of
implementation.
Carey, Maeve P. “CRS Reports - Congress.”
Congressional Research Service
, 12 Apr.
2021, https://crsreports.congress.gov/.
S.303 - 101st Congress (1989-1990): Negotiated Rulemaking Act of 1990
.
https://www.congress.gov/bill/101st-congress/senate-bill/303.
Joseph M. Scanlon, Monroe Community College. “American Government.”
Lumen
,
https://courses.lumenlearning.com/atd-monroecc-americangovernment/chapter/controlling-
the-bureaucracy/.
“Negotiated Rulemaking.”
EveryCRSReport.com
, Congressional Research Service, 28
Aug. 2006, https://www.everycrsreport.com/reports/RL32452.html.
“Negotiated Rulemaking.”
HUD.gov / U.S. Department of Housing and Urban
Development (HUD)
,
https://www.hud.gov/program_offices/public_indian_housing/ih/codetalk/negreg.
“Negotiated Rulemaking for Higher Education.”
Home
, US Department of Education (ED),
25 May 2021,
https://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html#:~:text=T
he%20Department%20is%20specifically%20required,contrary%20to%20the%20public%2
0interest.
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