The primary mission of any government agency, regardless of size, is to complete its assigned duties and responsibilities. These assignments are spelled out in laws, executive orders, or memorandums, and they typically involve the enactment of government duties or the provision of services to American citizens. Of course, it would take far too long for Congress or the president to outline every single responsibility or task to be performed by an agency, so federal workers typically create many of their own to-do lists and timelines for completion based on directives from Congress or the president.
Most agencies tend to be regulatory, or rule-making, in nature. They may be given broad powers to create rules that will affect individuals or groups associated with the areas they control. For instance, whenever a new drug is discovered or created, the FDA implements existing regulations to ensure the drug is tested properly and is safe for consumers. Some new drugs may require slightly different rules to make the tests effective and worthwhile. Generally, new agency rules are created through a formal rule-making process like the one described below.
| Initiating | Congress passes a law, or some event occurs that demands federal action. A specific agency is charged with performing research to see if a rule is needed. |
| Proposing | If a rule is deemed necessary, the agency investigates the issue more thoroughly and drafts proposed wording for the rule. The proposal next goes to the OMB to ensure that the new rule will not create an undue financial burden. If approved, the rule is published for public review. |
| Commenting | The rule is published in the Federal Review, and the agency seeks comments from the public for a specified period of time. All comments are considered, and the rule may be revised if needed. |
| Issuing | The rule is republished, and if cleared by the OMB, it is submitted to Congress for review. The rule becomes effective within 30 days if it is not rescinded, or rejected, by Congress during that time. |
Some Americans complain that agency regulations are essentially laws that are enacted by nonelected bureaucrats. In some ways, that is a fair criticism of the process. Agency heads are appointees, and federal workers are hired employees--neither are elected officials. Still, in such a complicated system, a rule-making process that does not always originate with Congress appears necessary to make sure the work of government gets done. And there are checks and balances in place, too: Regulations are limited by the agenda of the president, and they may not violate the Constitution, any laws made by Congress, or precedents established by federal courts.
Most agencies try to reassure citizens that they have the public's welfare at heart by enacting regulations in a transparent manner. Holding meetings that are open to the public and making information about the agency's activities freely available keeps federal employees accountable and helps citizen stakeholders remain invested in the outcome. Federal agencies also try to work with state-level agencies, other agencies within the federal government, and with the three branches of the federal government.
Question
What is the main concern that is often expressed about agency rules?
