Federal Budget Process: Understanding Rulemaking and Why Public Input Matters
by Elizabeth Everett, V.P., Early Futures Partnership
This is the final blog post in a series on the federal budget process and how Congress funds early childhood programs. Read the first blog post: Federal Budget Process: A Guide for Early Childhood Advocates and the second blog post: Federal Budget Process: Fast-Tracking Legislation Through Reconciliation
When Congress passes broad legislation, it cannot account for every operational detail in a bill. So, it often leaves key decisions about how to interpret a law to various executive departments that engage in “rulemaking,” which translates legislation into concrete, enforceable rules and regulations.
The rulemaking process is strictly regulated to ensure transparency and give the public a direct voice in how laws are interpreted and enforced.
First Five Nebraska regularly comments on federal and state rulemaking, and mobilizes community and legislative partners to weigh in on proposed policy changes to legislation, most recently regarding the federal Head Start program. We opposed the changes because we believe they would introduce vulnerabilities that would threaten this successful program and its ability to serve families regardless of their income or where they live. Read our letter of opposition
The four steps of rulemaking are:
Publication of a “Notice of Proposed Rulemaking (NPRM)” in the Federal Register, a daily publication of executive branch activities.
Solicitation to the public to submit written comments within a specific time period (typically 30 to 90 days).
Agency consideration of public reaction by reviewing and evaluating submitted written comments.
Publication of the final rule by the agency, with an explanation including how the public comments shaped the outcome and what changes, if any, were made to the proposed rule. Final rules also include an effective date, which can be no less than 30 days, and often are over a year in the future.
Rulemaking is more than an administrative formality, it’s a bridge between legislation and real-world implementation. By engaging in the process, citizens, experts and advocacy groups have a powerful opportunity to help shape the policies that impact our communities and state.