MEMORANDUM

To: Congressional Committee From: Adam Smith, Medical Student Date: July 12, 2011 Subject: The purpose and influence on rulemaking in the operation of the legislation.

I am sending this memo to express my interest in the policy implementation: rulemaking. Since, the process of developing and framing rules is viewed by some as central to the definition and implementation of public policy in the United States, it is important to understand the purpose and influence on rulemaking in the operation of the legislation. The health policies are created within the dynamic public policy-making process that takes place at the federal, state, local levels of government. On the other hand, a health policy can also be created at the private sector, which are govern by the authoritative decisions that influence the actions, behaviors, or decisions of others. The public policy is a cyclical process, occurring within a system open to anyone, hence the policy formation includes various tasks and power from the federals to the interest groups (Bartholomew, 2006, p. 182). With this being said, it is important to realize that the public policy formation includes setting the policy agenda and the development of legislation (Longest, 2010, p. 101). The formation of a public policy proceeds in a series of steps that starts with the legislative branch setting the policy agenda. Once the agenda has been determined, the development process begins by drafting the legislative proposal into a bill, introducing it to Congress and referring the bill to the House or Senate Committee that has jurisdiction. As soon as, the policy has been developed and enacted into a new or revised law, the appropriate agency within the executive branch is then responsible for implementation. This policy implementation is carried out through rulemaking and agency operations. A policy implementation takes place when the cost of existing policies feedback into the agendasetting and legislation-development stages of the formulation phase and into the

rulemaking and an operational stages of the implementation phase and stimulate changes in legislation, rules, or operations (Leatt and Mapa, 2003, p. 44). Rulemaking is defined according to the Longest by the establishment of the formal rules and regulations necessary to fully operationalize the public law (Longest, 2010, p. 101). Furthermore, a rulemaking is also defined as absolutely central to the definition and implementation of public policy in the United States, and said that no significant attempt to alter the direction of a public program can succeed without effective management of the rulemaking process. The beginning of the implementation plan began under the Act of 1946, The Administrative Procedure, which defined a rule as the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy (Longest, 2010, p. 101). It is important to initiate the implementation following the law that has been enacted since most of the time, the laws are vague and not direct and not necessarily design for the particular group, and for this reason a rulemaking process is a must. Even though, a rulemaking process is not a smooth and straightforward but it contains promulgation rules and protocols to give those with the interests in the issue an opportunity to participate in the rulemaking prior to the adoption of a final rule (Longest, 2010, p. 116). A rule such as a statutory rulemaking requirements that is applicable to a wide range of agencies include the Administrative Procedure Act, the Regulatory Flexibility Act, the Paperwork Reduction Act, the Unfunded Mandates Reform Act, and the Information Quality Act (Copeland, 2008). This rulemaking policy requires some type of analysis on the part of the rulemaking agency before issuing a covered rule, but also often gives agencies substantial discretion regarding whether the requirements are applicable. Furthermore, there are other statutorily-based rulemaking policies that are part of agency- or programspecific laws, which provides varying levels of discretion regarding the substance of agencies rules and may impose additional analytical or procedural requirements. This agency rulemaking is heavily influenced by court decisions such as, in 1980 the Supreme Court ruled that, before promulgating new health standards, OSHA must demonstrate that the particular chemical to be regulated poses a significant risk under workplace conditions permitted by current regulations (Copeland, 2008). Hence, an implementation policy is design to protect as well as to guide the individual interest group, organizations, or even stakeholders since the laws that are made by the legislatures are general and could be misguided due to its potency of being vague. With a unique process of implementation that includes rulemaking and a rulemaking having its own set of rules, allows the modification of a law to take place for the wellness of everyone. With this being said, I am emphasizing the importance of policy implementation:

rulemaking in the United States of America. Your input on this matter is greatly appreciated.