Regulatory Regime Analysis

A prescriptive regulation is where the regulating authority defines explicitly how a task is to be undertaken. It informs exactly what is to be done and it needs the industries to demonstrate that they have strictly adhered to the ‘prescribed’ steps.

"Federal regulatory agencies have been created over the life of the United States to deal with specific issues that affect citizens of all states or industries that engage in business across state boundaries. Federal regulatory agencies generate and enforce rules" (eHow Money). The law dictates their work. Regulatory agencies enforce federal laws and generate rules. These rules are necessary for effective enforcement.

The first board of Federal regulation was established in 1887” congress created the Interstate Commerce Commision to resolve increasing controversies between the railroads and shippers”. The government must make sure that there is enough competition to keep prices low the quality products high.The role is to maintain efficiencies with natural monopoly and helps avoid market failures. It regulates activity by insuring that companies have healthy competion and no one company holds a monopoly in the market place. Some of the things that the government regulates are the banking industry, transportation. Communications and the airline indusrties. The government used to regulate the air traffic controlers making it safer for pilots and consumers. When the air traffic controlers were deregulated it became evident that it is less safe for pilots and consumers to fly. The air traffic controlers work longer

In reading several articles, discretion on the part of the agencies seems to be controversial. Nevertheless, there is checks and balance in place on regulatory agencies. According to Ushistory.org (2015), the president appoints positions in these agencies, but the president does not directly control most of them. However, Congress has the power to create, alter, and reorganize agencies (Ushistory.org, 2015). Congress is responsible for providing funding and oversight, in which regulatory agencies are open to investigation and legal review by the

The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, “Congress shall have the Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as “a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest” (Administrative Agency, 1). There are two types of regulatory authority that agencies may

As previously mentioned, the Court did not provide much in the way of specifics for what supervision means, but they did provide some guidance. The Court first noted that supervision is flexible and context-dependent. Supervision does not need to be day to day, but instead must provide a “realistic assurance” that board policy promotes state policy, and not the individual interests of the board members. One major key is that supervision must go behind a review of procedure, and instead must be a review of the substance of the policy. This review must include both the power to veto or modify the particular decisions of the boards. The reviewer must also not be an active market participation in the particular market being regulated. One common dispute in past active supervision cases was whether supervision was active or not. Courts have held that the “mere potential” for review is not sufficient, instead review must be active, and governments must be able to demonstrate that a reviewer is actually using the power to review decisions. So these principles serve as a guide for what type of supervision systems may be acceptable to the courts to satisfy the Parker test for

("John Marshall," 2014) In most of the federal regulations we have today, congressional authority is justified under the necessary and proper clause within the congressional interstate commerce power. This is different from the commerce clause, this power grants congress authority to make laws necessary and proper for carrying into execution, the power to regulate

For most of history the President and Congress have had a respectable relationship where both sides have operated within their granted powers. Though this changed in 2008 when Congress used the Dodd-Frank Act to create an agency called the Consumer Financial Protection Bureau that would manage consumer activity.

With Republican President, Donald Trump, and the Republican Party holding the majority of both chambers of the 115th Congress, passing environmental protection legislation doesn’t seem to be a priority (or even a thought). Not only are Congress and the President ignoring environmental protection, but they have also worked together to reverse current environmental protection regulations. Normally, repealing any form of legislation is a lengthy and challenging task. However, during the spring of 2017, the Legislative and Executive branches were able to quickly and easily get rid of two environmental protection rules. This ease of change definitively had do with the legislation being bureaucratic agency rules and laws. Though, not only were

As a committee one of our basic tools of government is federal regulation such as taxing and spending which we use to implement public policy. What does this really mean for the committee in the rulemaking process? All rulemaking begins with an initiating event which established the Statute that we Congress pass. This triggers the draft proposals and the review and approval of the draft. In certain circumstances an agency may issue a final rule without issuing a notice of proposed rulemaking, thereby skipping several steps that would normally be noted for the rulemaking process. There are also some rules that may be published for public comment more than once. We do want to address that independent regulatory agencies are not required to submit their rules to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) for review, and no agency is required to do so for rules that are not considered significant. Attached is the figure that is from the CRS Report for Congress August 28, 2008. This figure describes and address the rulemaking process in a simplistic format this is easy to follow. We are using this as a reference tool to aid in the description of how to work on the implementation of

Participants will be assigned into four lab rooms with twenty students in each. First they will be primed randomly with either promotion or prevention focus, by writing a short essay describing how their personal standards had changed as they get matured, and they also need to complete the Regulatory Focus Questionnaire (Higgins et al., 2001) to check the success of the manipulation. Second, they will be given a difficult college-level math problem to solve and hand in within 20 minutes. Third, their answer sheets, which all have a failed feedback regardless of their actual performance, will be returned to them. Forth, they will be given a survey on rating of how enjoyable the math problem was, as well as indicate their choice for the next task to perform: a similar math problem or a different word or logic puzzle task which share the same difficulty. Finally, once the surveys are collected, the experiment is done. Participants are free to quit the task at anytime. If so, the quitted students will also be excluded from the analysis.

Congressional oversight is a mechanism that delegates Congress the power to investigate the activities of executive agencies, in order to ensure there is no violation of legislative goals (Lowi (et al), 2014). This summary concluded some discussion of the oversight mechanism from three articles by Lowi (et al) (2014), McCubbins and Schwartz (1984) and Kingdon (1984), particular on the effectiveness and its influences on agenda-setting process.

There’s several ways Congress achieve this task. Congress exercise more control by being more specific regarding what it expects from the agency. Congress also, put forth some form of veto or modification of

Rulemaking is the process when agencies establish a law to install or perform a statutory duty. Agencies get their authority to issue regulations from statutes enacted by Congress. The president could delegate existing Presidential authority to an agency. When Congress passes a law to create an agency. Then Congress can pass more laws that are directly to the agency to solve a problem and they can accomplish a goal. However, the agency may not go beyond its statutory authority or violate the Constitution. This is all before the proposed rule, and so is the following;

Accessing various regulatory documents, such as templates, tool-kits, and reference material, has been a difficult task for employees and counter-productive to CRS operations. To improve on this we created a Regulatory Library on the CRS SharePoint Site. The goal is to provide CRS staff the opportunity to access regulatory related information and material from a central location and to enhance the service regulatory provides. Centralizing regulatory related information and providing easy access to reference material will have direct impact in the integrity of our research and our day to day operations.