Rules and Regulations GOVT 2305, Module 14

Congress delegates authority Independent regulatory commissions and many agencies in the executive branch have regulatory authority. When Congress passes regulatory legislation, it frequently delegates authority to the bureaucracy to make rules to implement the legislation. A rule is a legally binding regulation. Rulemaking is the regulatory process used by government agencies to enact legally binding regulations.

Clean Air Act The Clean Air Act requires that the EPA adopt rules to protect the public from exposure to contaminants that are known to be hazardous to human health.

If Congress won’t address climate change, then the EPA will. EPA and Climate Change In 2009, the EPA formally declared that greenhouse gases jeopardize the public health, thus paving the way for the adoption of regulations designed to limit carbon dioxide emissions from refineries, chemical facilities, and power plants. If Congress won’t address climate change, then the EPA will.

Healthcare reform The Patient Protection and Affordable Care Act of 2010, the new healthcare reform law, requires various government agencies to adopt hundreds of rules to implement its provision.

Rulemaking process An agency gives notice that it is considering a rule in a particular policy area. The agency publishes the text of the proposed rule in the Federal Register and allows a period of time at least 30 days long in which the public can comment on the proposed rule. Concerned parties, usually interest groups affected by the proposed rule, submit written comments or offer testimony at public hearings. When an agency officially adopts a rule, it is published in the Code of Federal Regulations.

OMB and Cost-benefit analysis The Office of Management and Budget (OMB) requires executive branch agencies (but not regulatory commissions) to submit cost-benefit analyses, which are evaluations of a proposed policy or regulation based on a comparison of its expected benefits and anticipated costs.

Role of congress Agencies must submit all proposed new rules to Congress which has 60 days to overturn them through the legislative process, subject to a presidential veto and a possible override attempt. If Congress does not act within 60 days, the rule goes into effect.

Battle over regulations The U.S. House is battling the administration over the implementation of healthcare reform, financial reform, immigration, and the EPA’s efforts to address climate change.

Role of Courts Individuals and groups unhappy with agency decisions sometimes turn to the federal courts for relief. Courts hear challenges not just from business groups who believe that federal regulations have gone too far, but also from consumer and environmental groups who argue that regulations are not strict enough.

What You Have Learned What are the major administrative structures of the executive branch of American national government? What is the history of federal employee personnel policies? What are the steps in the rulemaking process? What perspectives and political resources does each of the following political actors have in the administrative process: the president, Congress, interest groups, and bureaucrats?