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Out of the Shadows: The Management of Regulation Development

Once again, the IBM Center for the Business of Government has released a report that may be of interest to public involvement practitioners.  It’s “Out of the Shadows: The Management of Regulation Development,” and you can find it on the Center’s website.Exit EPA Disclaimer  [Note: You do not have to fill in the form that appears on your screen; you can close it and you will be on the page that enables you to download or view the report.]

On the site, the Center states in the report abstract: “Policy makers need a better understanding of how individual policy tools such as regulation operate, how to measure their performance and effectiveness, which actors participate in implementing them, and what features are necessary to ensure accountability and oversight. “
Author Cornelius M. Kerwin (ckerwin@american.edu), newly-named President of American University in Washington, DC, contends that the greatest challenge facing the management of regulation development is the persistence of its obscurity.
So you don’t have to download the entire report to see them, the Findings and Recommendations follow.  The full report may be helpful to you.


Participation Management Is the Most Important Function and Skill in Regulation Development The challenges associated with staffing and information acquisition highlight the importance of participation management to effective regulation and experience needed for effective engagement of internal and external stakeholders is the most important skill set for regulation development managers. Useful tools are available in the areas of collaborative networks and public deliberation to support the participation dimension of the regulation development management.

Participation in Regulation Development Is a Key to Democratic Governance Participation in regulation development, particularly by affected external parties, is important to the quality and integrity of governance in the United States.

Regulation Management Lacks Visibility Regulation management is a well-developed function in federal agencies that bear significant rulemaking responsibilities. As an activity that supports what is arguably one of the most important functions performed by agencies of government, regulation management has little visibility outside the community of specialists that work in the area.

Regulation Development Management Lacks Focused Attention The management of regulation development enjoys little support in the form of funding, research, technical innovation, and career development from the public management and academic communities.

Regulation Development Is Complex Regulation development has become a highly complex task requiring the coordination and management of myriad legal requirements and stakeholder expectations in an environment characterized by constrained resources and frequently intense political pressures.

Key Elements Constitute the Management of Regulation Development Numerous functions make up a fully developed system of regulation management. three of them— staffing, information acquisition, and participation— are the most important.

Staffing Patterns Challenge Project Management Staffing a major or significant regulation development process requires involvement of staff from multiple offices within a single agency or department and, due to increasingly cross-cutting issues, multiple agencies with varied missions and jurisdictions. These offices and agencies have discrete missions, jurisdictions, and professional cultures that create significant challenges for the leadership of regulation development efforts.

Regulation Development Requires Multiple Types and Sources of Critical Information The development of regulations requires the acquisition of five types of information: legal, policy, technical content impact, implementation, and compliance. this information can be secured from multiple sources, but information acquisition must be carried out with careful attention to multiple legal and bureaucratic restrictions.


Recommendations for Congress

Recommendations for the Office of Management and Budget

Recommendations for Agencies

Recommendations for the Office of Personnel Management

Recommendations for the Academic Community

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