technologies emerge. Finding compromise. In some cases, a divided legislature can reach an agreement on a compromise legislative standard, while each side holds out hope that the implementing regulations will be more favorable to its cause. The rulemaking process Rulemaking processes are generally designed to ensure that The public is informed of proposed rules before they take effect; The public can comment on the proposed rules and provide additional data to the agency; The public can access the rulemaking record and analyze the data and analysis behind a proposed rule; The agency analyzes and responds to the public's comments; The agency creates a permanent record of its analysis and the process; The agency's actions can be reviewed by a judge or others to ensure the correct process was followed. The primary administrative law statutes and other laws that govern agency rule making include: The Administrative Procedure Act, 5 U.S.C. §§ 552 and 553 The Housekeeping Act, 5 U.S.C. § 301, which gives heads of agencies authority to issue rules for agency employees The Regulatory Flexibility Act, 5 U.S.C. §§ 601 et seq., which requires agencies to consider the needs of small entities in rule making The Paperwork Reduction Act, 44 U.S.C. §§ 3501 et seq., which limits the power of an agency to collect information from the public The Congressional Review Act, 5 U.S.C. §§ 801–808, which gives Congress the authority to review and veto any agency regulation The Independent Offices Appropriations Act of 1952, 31 U.S.C. §§ 9701, which limits the power of agencies to set user fees Executive Order 12866, which requires agencies to use cost-benefit balancing in all regulatory actions For example, a typical U.S. federal rulemaking would contain these steps: Legislation. The U.S. Congress passes a law, containing an organic statute that creates a new administrative agency, and that outlines general goals the agency is to pursue through its rulemaking. Similarly, Congress may prescribe such goals and rulemaking duties to a pre-existing agency. When the agency begins to develop a rule, the agency must file with OMB to put the rule on the “Regulatory Agenda.” In the process of developing a rule, before publication in a Notice of Proposed Rulemaking, the agency must “consult with members of the public” to evaluate the following: (i) whether the proposed collection of information is necessary for the proper performance of the functions of the agency; (ii) the accuracy of