Increase the use of negotiated rulemaking. (1) The President should encourage agencies to use reg neg. This is consistent with the new regulatory review executive order. Regulatory agencies that have not used reg neg since enactment of the Negotiated Rulemaking Act of 1990 should identify at least one candidate for using reg neg during the coming year or explain why it would not be feasible to do so.[Endnote 10] The administration should facilitate efforts to use reg neg by identifying and removing any administrative barriers to its use. Reg neg should rarely, if ever, be required by statute for particular rulemakings because its success depends on the voluntary participation of all participants, including the agency.[Endnote 11] Moreover, Congress should recognize that short statutory deadlines to issue proposed or final rules, especially if they are shorter than two years, may preclude the use of negotiated rulemaking. Endnotes 10. In this and all other recommendations in this report, "regulatory agencies" are those agencies that are named to the Regulatory Coordinating Group (see REG01) and subagencies (or subdepartments) that are designated by department or agency heads as engaging in significant regulatory activities. Generally, this should include those subagencies that are listed in the most recent Unified Agenda of Federal Regulations as having over 40 regulatory issuances. The Negotiated Rulemaking Act of 1990, Pub. L. No. 101- 648 was enacted on November 29, 1990. 11. Three statutes have mandated that the Department of Education use reg neg for specific rulemakings and another statute required the Nuclear Regulatory Commission (NRC) to do so. All were subject to relatively short statutory deadlines and these deadlines constrained the negotiation process. In addition, the NRC was required to convene a regulatory negotiation on issues that most observers felt were non-negotiable.
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