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Regulations: the rules under the laws
Congress sets the principle, an agency writes the details. Here is how a rule is made, and how it can be undone.
A statute sets the goal and names an agency to fill in the details: the EPA, the FDA, the Labor Department.
All steps in text
- A statute sets the goal and names an agency to fill in the details: the EPA, the FDA, the Labor Department.
- The agency publishes a draft in the Federal Register with a comment period, usually 30 to 60 days. Anyone can comment.
- The agency answers the comments, publishes the final text and it is codified in the Code of Federal Regulations.
- Under the Congressional Review Act, both chambers can disapprove a new rule by simple majority within a set window. The president must sign.
- A rule that goes beyond the statute, or is arbitrary, can be struck down. Since 2024 courts no longer defer to an agency’s reading of an unclear law.