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Federal Rulemaking Review

http://openregs.com/docs/copeland-rulemaking-process.pdf

Using this Congressional Report for members of Congress , write a 5-page memorandum/paper on the topic of rule making.

You are a summer intern with Harry Smith, a Congressman from your home district. He has to advise his congressional committee on the impact of interest groups on legislation. Write the memorandum to explain the purpose and influence on rule making in the operation of the legislation. You should offer suggestions on the importance of the implementation phase of the legislation.

Solution Preview

Rulemaking in Congress:

Rulemaking is the creation, amend, or reject and repeal rules. Rules are used by agencies of the government after Congress passes statutes. These are also called regulations. Regulations do not start in the executive branch of government where agencies form. They start in the Congress, where they are the requirements for the establishment of the agency involved or function of an agency. The rules start with a legislative act of Congress.

Agencies of the federal government issue more than four thousand (4000) final rules each year. These cover all the agencies of government. Creation and implementation of rules costs hundreds of billions of dollars. These are not part of the federal budget process and some think these are "greater than the cost of all federal domestic discretionary spending."

When Congress passes a statute it can require the agency to create a rule or rules to uses to meet the statute requirements. The Congress issues an authorization to issue the rules. This means that Congress passes a statute, but does not have the knowledge or experience to create the rules to implement the statute requirements. Additionally, agencies are in the executive branch and Congress has limited jurisdiction over matters in the executive branch. This delicate balance also acknowledges the Congress may know the issues, but does not have the expertise to solve the problem.

The agency is now in charge of making the rules to meet the needs of the statute. Agency members draft a proposed rule and provide the information ...

Solution Summary

A review of rulemaking at the federal level, including steps and how rulemaking comes about.

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