...Congress grants agencies the ability to create regulations to promote and carry out public policy (Fremgen, 2012). A critical health care regulatory issue in today’s world is The Privacy and Security Rule. The Privacy Rule, 45 CFR (Code of Federal Regulations) Part 160 and Subparts A and E of Part 164 govern the privacy of individually identifiable health information and the security of electronic individually identifiable health information. CFR 45 Part 160 is otherwise known as the Health Insurance Portability and Accountability Act (HIPAA) (U.S. Department of Health and Human Services, 2012). HIPAA enacted in 1996, outlines the conditions protected health information (PHI) may be used or released by covered entities or individuals. The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) enforces the HIPAA Privacy Rule. The Privacy Rule, modified in 2002 and 2003, set standards for protecting the integrity and confidentiality of PHIs covered entities must follow. Medical organizations and their employees have a legal and ethical responsibility to protect patients’ medical privacy at all times. Health care facilities and employees who fail to implement effective privacy rules and regulations are subject to fines, accreditation problems, and possible suits from affected individuals. Facilities and government agencies are liable to HHS for fines but also the cost of creating and adhering to a corrective plan of action that includes reassessing...
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...Unit I - The Uneasy Constitutional Location of Agencies in the Executive Branch Unit One in a nutshell: Types of Agencies: - Departments - Independent (article I courts) - Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute...
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...The Bureaucracy This report is based upon the topic bureaucracy being compared to the course textbook. This book breaks down what is a bureaucracy, the federal bureaucracy, becoming a bureaucrat, the bureaucracy and policymaking, and also reforming the bureaucracy. A bureaucracy is a way of administratively organizing large numbers of people who need to work together. As the textbook goes more in depth defining bureaucracy as a form of organization that operates through impersonal, uniform rules and procedures. Also, stating that bureaucracy actually at one time in history meant fast, effective, and rational administration. Organizations in the public and private sector, including universities and governments, rely on bureaucracies to function. The term bureaucracy literally means “rule by desks or offices,” a definition that highlights the often impersonal character of bureaucracies. Even though bureaucracies sometimes seem inefficient or wasteful, setting up a bureaucracy helps ensure that thousands of people work together in compatible ways by defining everyone’s roles within a hierarchy. Government bureaucrats perform a wide variety of tasks. We often think of bureaucrats as paper-pushing desk clerks, but bureaucrats fight fires, teach, and monitor how federal candidates raise money, among other activities. The job of a bureaucrat is to implement government policy, to take the laws and decisions made by elected officials and put them into practice. Some bureaucrats implement...
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...congressional delegation of power to the Office of the Comptroller of Currency (OCC) constitutional? Yes. Congress may delegate a portion of its supreme legislative powers to an administrative agency so long as it also provides the agency with intelligible principles. To do this, Congress must clearly described the general policy it wants enacted. Congress must name the public agency in charge of applying that policy. Finally, it must define the boundaries of the agency’s delegated authority. American Power & Light Co. v. SEC, 329 U.S. 90, 105 (1946). Congress delegated power to the OCC under the National Banking Act of 1864. The purpose of this act was to regulate national banks and federal savings associations. To do this Congress...
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...The Development of Bureaucracy Congress has no authority to exercise any power beyond the constitution. The 10th Amendment states, "The powers not delegated to the United States (congress) by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Article 1 Section 8 specifically names the powers that have been granted to Congress. If it's not on the list, it's not constitutional. Congress has the power to create, organize, and disband all federal agencies. The bureaucracy has two masters — Congress and the President. Bureaucracy is an inevitable consequence of complexity and scale. Modern government could not function without a large bureaucracy. Through authority, specialization, and rules, bureaucracy provides a means of managing thousands of tasks and employees. In truth, one hand does not always know what the other hand is doing. Congress, and the judiciary, bureaucrats exercise considerable power in their own right. Department of State was the first executive department in 1781, department of Treasury 1789, Department of War, Office of Attorney General, and Office of Postmaster General. The Great Depression was a disaster that did not have to happen. The New Deal interventions were bad for the economy and played favorites with the rich over the average families. The required acreage farm reduction really hurt the poor sharecroppers. There was mass destruction of feed even though millions of families were hungry...
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...ADMINISTRATIVE AGENCIES Definition of Administration agency: Administrative agencies were created to handle serious social problems and crises that are beyond the expertise of legislators and judges. Serve as a primary vehicle for the creation and enforcement of modern regulation. (An official governmental body empowered with the authority to direct and supervise the implementation of particular legislative acts.) The influence referred as the “fourth branch” (three branches, legislative, executive, and judicial) Administrative agencies have been objects of controversy. Enabling Legislation Administrative agencies are created by enabling legislation, which usually specifies the name, composition, and powers of the agency. Administrative procedure Act (APA) The APA was enacted by Congress in 1946 in an attempt to standardize federal agency procedures and to respond to critics who said that administrative power was out of control. Functions of Administrative Agencies In their roles, administrative agencies serve three main functions: rule-making, adjudicating and investigating. * In rule making, the agency takes laws passed by Congress and adds the technical expertise need for them to apply to real-life situations. E.g., a bill may mandate public vaccinations, but a rule will explain which age groups and demographics need the vaccination. * Agencies serve a judicial function when in-house lawyers and judges help individuals resolve disputes with...
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...Order Code RL31285 CRS Report for Congress Received through the CRS Web FEMA’s Mission: Policy Directives for the Federal Emergency Management Agency Updated March 13, 2002 Keith Bea Specialist, American National Government Government and Finance Division Congressional Research Service ˜ The Library of Congress FEMA’s Mission: Policy Directives for the Federal Emergency Management Agency Summary The Federal Emergency Management Agency (FEMA) assists states and localities overwhelmed by, or at risk from, disasters. FEMA also coordinates federal emergency management activities and planning for the continuity of government should national security be threatened. Since 1979 FEMA has administered a range of authorities that enable the agency to serve as the primary source of federal technical and financial assistance for emergency management. Among the types of aid provided through FEMA programs are grants and material to help disaster victims meet pressing needs such as food and shelter, education and training programs to improve the response capabilities of nonfederal officials, and mobile communications equipment. FEMA exercises little regulatory authority, but directives that underlie the agency’s mission authorize the agency to establish standards for reconstruction of buildings after a disaster declaration is issued, for the construction of federal buildings in earthquake-prone areas, and for the operation of first responder equipment. FEMA has responded...
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...Determine where each agency lies in the administrative structure of the federal government. Identify it as an executive department or an independent agency. The purpose of U.S. Environmental Protection Agency is to protecting human health and the environment by writing and enforcing regulations based on laws passed by Congress. According to EPA website, Born in the wake of elevated concern about environmental pollution, EPA was established on December 2, 1970 to consolidate in one agency a variety of federal research, monitoring, standard-setting and enforcement activities to ensure environmental protection. This agency, US Environment Protection Agency is run by its Administrator. The current Administrator is Lisa P. Jackson. The President appoints an administrator for U.S. Environment Protection Agency and Congress can approve or decline the person. The US Environmental Protection Agency is an independent agency. The agency has approximately 17,000 full-time employees and engages many more people on a contractual basis. The purpose of U.S. Army of Corps of Engineer is to provide vital public engineering services in peace and war to strengthen the nation's security, energize the economy, and reduce risks from disasters. According to US Army of Corp Engineers website, the history of United States Army Corps of Engineers can be traced back to June 16, 1775, when the Continental Congress organized an army with a chief engineer and two assistants. Colonel Richard Gridley...
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...Chapter 4 Civil liberties; the protections of citizens from improper governmental action. what government cannot do. Civil Rights; the legal or moral claims that citizens are entitled to make on the government. obligations. what government must do. The federal constitution provided such rights as representation in Congress (article 1 section 2) established who can serve in congress and become president and guaranted the privilege of habeas corpus for all people (article 1 section2). The Contstitution banned the importation of slaves after 1808, but permitted the practice of slavery to continue. Dred Scott v. Sandford, supreme court ruled that a former slave was not a citized under Missouri law, could not bring suit in cort, and was his master's personal property. slavery could not be excluded from the territories. helped provoke Civil War. Equal protection clause; aa quest for civil rights in turn inspired other groups to seek new laws and constitutional guarantees of their civil rights. aided by the simplicity of the clause, guarantees to any person. Amendment 1; limits on congress Amendments 2,3,4; Amendments 5,6,7,8; limits on judiciary. Amendments 9,10; limits on the national government. The bill of rights did not become a vital instrument for the extension of civil liberties for anyone until after a civil war and 14the amendment intervened. Strict scrutiny; the most stringent standard of judicial review of a government's actions in which the government must show...
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...Administrative Agencies Substantive Rules and Interpretive rule Statement of policy Reasonable Searches Protection from Harassment United Nation’s Biosafety Protocol for genetically altered food Consumer product safety commission (CPSC) GOVERNMENT REGULATIONS OF BUSINESS: Laws that all businesses/industries must follow unless it meets the criteria for exemption National Labor Relations Board (NLRB) regulates the formation and operation of labor unions in most industries and businesses in the U.S. Example: AFL-CIO for global trade and economic issues. Occupational Health and Safety Administration (OSHA) regulate workplace safety.. Example: Worker Safety The U.S Equal Employment Opportunities Commission (EEOC) enforces equal opportunity in employment laws that cover most workers in the United States. Example: Anti-discrimination laws and Title VII Laws that regulates only specific industries; an administrative agency (Cheeseman, 2013, p.728), The Federal Communications Commission (FCC) issues licenses and regulates the operation of television and radio stations. The Federal Aviation Administration (FAA) regulates the operation of commercial airlines. The federal Office of the Comptroller of the Currency regulates the licensing and operation of national banks. FEDERAL ADMINISTRATIVE AGENCIES: Federal administrative agencies are appointed by the congress Many of these agencies report directly to the president of the United States. These agencies are known as the...
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...people living in the United States and its territories. Congress creates and passes bills. The President then signs those bills into law. Federal courts may review these laws and strike them down if they think they do not agree with the U.S. Constitution. Find Federal Laws The United States Code contains the general and permanent laws of the United States. It does not include regulations issued by executive branch agencies, decisions of federal courts, treaties, or laws enacted by state or local governments. New laws are assigned a public law number and included in the next edition of the United States Statutes at Large. You can also find new laws enacted by the current Congress before they are part of the United States Statutes at Large. Get Involved and Learn More Research Federal Laws Find Bills Introduced in Congress Learn How a Bill Becomes a Law Contact Your Elected Officials Learn How Federal Courts Influence Laws Back to Top Federal Regulations Regulations are issued by federal agencies, boards, or commissions. They explain how the agency intends to carry out a law. The Rulemaking Process Federal regulations are created through a process known as rulemaking. By law, federal agencies must consult the public when creating, modifying, or deleting rules in the Code of Federal Regulations. This is an annual publication that lists the official and complete text of federal agency regulations. Once an agency decides that a regulation needs to be added, changed, or...
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...internal and external to an agency. The second dimension focuses on the degree of autonomy, or the level of deference, by which an agency can make decisions and carry out actions on behalf of that agency (Romzek and Dubnick 228). Each accountability approach has to some degree a level of autonomy and a level of control. To start, bureaucratic accountability has a low degree of autonomy, relying on internal control that is dictated by administrative priorities from those at the top of the bureaucratic ladder. Through a set of defined rules, procedures and processes the top administrator or executive is the final decision-maker creating a supervisor and subordinate relationship within an agency (Romzek and Dubnick 228). In contrast, professional accountability, with a high degree of autonomy and internal source of control, relies heavily on experts and professionals to determine and implement solutions (Romzek and Dubnick 229). Turning to external sources of control, the legal accountability approach establishes a low degree of autonomy in which an agency formally adheres to an agreement with its legal overseer. The relationship established through this accountability approach holds an agency accountable to the external, legal entity through legal sanctions or contractual obligations (Romzek and Dubnick 228). In contrast to legal accountability, political accountability holds a high degree of autonomy and exists outside the control of an agency. In this case, political accountability...
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...Federal Bureaucracy – to what Extent does the President have Control of it? When the framers of the Constitution developed our government, they gave Congress the authority to create the departments necessary to carry out the day-to-day responsibilities of governing - the federal bureaucracy. The vast majority of the departments, agencies, and commissions that make up the federal bureaucracy today were created by Congress through legislative acts. Congress is unable to act in a bubble though, due to the nature of the system’s built-in checks and balances, Congress must first get the president’s “buy off” which is represented by his signature. Although Congress has the authority to create these agencies (with the president’s agreement of course), the Constitution designated the president as the person responsible for implementing and administering the decisions and actions of the bureaucracy. “As chief executive, the president is constitutionally charged with ensuring that the laws be faithfully executed” (Harrison, Harris, and Deardorff 391). The resulting tension between Congress, as the creators of the bureaucracy, and the president, as the executive in charge of the bureaucracy, is just one of the tugs-of-war that the bureaucracy is subjected to that affect their behavior and ultimately the amount of control the president is able to wield over them. Originally, the federal bureaucracy had a modest role. In 1789, George Washington headed a federal bureaucracy of...
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...Department of the Navy, Willis v. Department of Agriculture, and Meuwissen v. Department of Interior. In effect, congress mandated that “a whistleblower is not deprived of protection just because the disclosure was made to an individual, including a supervisor, who participated in the...
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...The National Highway Traffic Safety Administration (NHTSA) established a frontal impact test protocol under the Federal Motor Vehicle Safety Standard (FMVSS) No. 208 (Occupant Crash Protection) in an effort to encourage manufacturers to build safer vehicles and for consumers to purchase them. FMVSS No. 208 also mandated the phasing in one of two types of passive restraints in automobiles: airbags and passive seatbelts. Prior to the deadline for complying with the standard, and after the election of a new President (Ronald Reagan) of a different political party, the newly appointed Secretary of Transportation (Andrew Lewis) reopened the rulemaking. Within two months of reopening the rulemaking, the NHTSA ordered a one-year delay in the first application of the standard and proposed the possible rescission of the entire standard. After receiving written comments and holding public hearings, the NHTSA issued a final rule rescinding FMVSS No. 208’s passive restraint requirement. In rescinding this requirement, the NHTSA stated that it could no longer find (as it had prior to the initial proposal of the rule) that such a requirement would produce significant safety benefits. The NHTSA’s judgment did not reflect a change of opinion regarding the effectiveness of the technology, but a change in plans by the automobile industry. At the time of the rescission, industry standards were in place to ensure automatic seatbelts were installed in approximately 99% of all new cars. The...
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