How does the federal regulatory process work?

Question

What prompts a regulation? Where does it start and what agencies need to approve it, write it, edit it? How does a regulation become a final rule?

Answer 1

It starts with Congress, though the general process works the same for state legislatures creating state agencies.

The legislature passes what is called an "enabling law" which creates an agency and grants the agency certain powers. These must be within the type of laws that Congress itself could pass. [See Article I of the Constitution.] Essentially, Congress is delegating some of its rule-making power to the agency, usually with specific guidelines and a specific purpose.

The agency then goes through whatever their established procedure is, as determined by the enabling statute. Because they have been delegated quasi-legislative powers, the agency regulations have the same effect as if the laws had been passed directly by Congress.

For more specific detail on the step-by-step process, see the Wikipedia link below.

Answer 2

Agreed, the first answer is excellent. However, in my experience as a government lawyer, it involves a lot more playing games on the internet and sleeping in the bathroom with a roll of toilet paper as a pillow.

Answer 3

This site always has such awful answers, I am really amazed that your first respondent totally nailed this one. Read that answer carefully and check out the link, too. It's a great response to a good question.