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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.
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 costbenefit 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?