2.13 Discretionary and Rule-Making Authority

• What is discretionary authority?

  Power to implement policy
• Statutes grant discretionary authority to executive agencies.
• The Administrative Procedure Act outlines procedures for rulemaking and adjudication.
• What is legislative intent?

  Congressional purpose for statute
• Match the source of authority with its description:

  Delegation of Powers ↔️ Congress grants power to agencies

  Federal Statutes ↔️ Laws authorize agency decisions

  Legislative Intent ↔️ Congressional purpose for statute
• Which federal agency sets environmental standards under the Clean Air Act?

  EPA
• The FDA regulates food safety and medical devices based on the Food, Drug, and Cosmetic Act
• The Federal Reserve System manages monetary policy under the Federal Reserve Act.
• Steps in the process of discretionary authority

  1️⃣ Delegation of Powers by Congress

  2️⃣ Enactment of Federal Statutes

  3️⃣ Determination of Legislative Intent
• Where can legislative intent be found?

  Legislative history
• Federal statutes authorize agencies to make decisions within their jurisdiction
• Match the agency with its primary responsibility:

  EPA ↔️ Environmental standards

  FDA ↔️ Food safety

  FCC ↔️ Telecommunications

  The Fed ↔️ Monetary policy
• What is the purpose of discretionary authority for federal agencies?

  Adapt policies to local needs
• Rule-making authority allows agencies to create regulations to implement laws.
• Rule-making authority allows agencies to fill in the details of laws passed by Congress
• What does the Federal Communications Commission (FCC) oversee?

  Telecommunications and broadcasting
• Under which act does the Federal Reserve System (The Fed) manage monetary policy?

  Federal Reserve Act
• Executive agencies use their discretionary authority to adapt policies to changing needs and local conditions.
• Rule-making authority is the power granted to executive agencies to create regulations
• What is the main purpose of rule-making authority?

  To implement laws effectively
• Rule-making authority provides clarity on ambiguous or broad legislative language.
• Rule-making authority allows agencies to adapt policies to changing circumstances
• Which agency uses its rule-making authority to set specific emissions standards under the Clean Air Act?

  Environmental Protection Agency (EPA)
• Match the type of authority with its purpose:

  Discretionary Authority ↔️ Implement policies within legislative bounds

  Rule-making Authority ↔️ Create regulations to implement laws
• Discretionary authority is used to implement policies within legislative bounds
• Rule-making authority involves creating broader regulations to fill in legislative details.
• What is an example of rule-making authority used by the EPA?

  Setting national emissions standards
• Rule-making authority focuses on creating regulations, while discretionary authority involves making specific decisions
• Steps of the notice-and-comment rule-making process:

  1️⃣ Agency proposes a rule

  2️⃣ Public comment period

  3️⃣ Agency reviews comments

  4️⃣ Final rule is published
• What is the purpose of discretionary authority?

  Implement policies within bounds
• An example of discretionary authority is the EPA setting regional emissions standards
• Rule-making authority focuses on creating regulations, while discretionary authority involves specific decisions within legislation.
• Steps in the notice-and-comment rulemaking process

  1️⃣ Proposing a rule

  2️⃣ Public comment period

  3️⃣ Reviewing comments

  4️⃣ Finalizing the rule

  5️⃣ Implementing the rule
• What happens during the public comment period in the rulemaking process?

  The public provides feedback
• The EPA uses the notice-and-comment process to set emissions standards under the Clean Air Act
• Discretionary authority allows agencies to tailor policies to address varied local conditions.
• What statute outlines procedures for rulemaking and adjudication?

  Administrative Procedure Act
• The legislative intent behind a statute guides how an agency exercises its authority
• Match the source of discretionary authority with its description:

  Delegation of Powers ↔️ Congress grants executive agencies the power to implement laws

  Federal Statutes ↔️ Specific laws authorize agency decisions

  Legislative Intent ↔️ Congressional purpose guides agency actions
• Which federal agency sets environmental standards under the Clean Air Act?

  Environmental Protection Agency