Congress delegates rulemaking authority to agencies for a variety of reasons, and in a variety of ways. The Patient Protection and Affordable Care Act (ACA, as amended) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 40 provisions in ACA that explicitly require or permit the issuance of rules to implement the legislation. The Unified Agenda

A potentially effective way for Congress to identify upcoming ACA rules is by reviewing the Unified Agenda, which is published twice each year (usually in the spring and fall) by the Regulatory Information Service Center (RISC), a component of the U.S. General Services Administration, for the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA). The Unified Agenda lists upcoming activities, by agency, in three separate categories: 
"active" actions, including rules in the prerule stage (e.g., advance notices of proposed rulemaking that are expected to be issued in the next 12 months); proposed rule stage (i.e., notices of proposed rulemaking that are expected to be issued in the next 12 months, or for which the closing date of the comment period is the next step); and final rule stage (i.e., final rules or other final actions that are expected to be issued in the next 12 months); "completed" actions (i.e., final rules or rules that have been withdrawn since the last edition of the Unified Agenda); and "long-term" actions (i.e., items under development that agencies do not expect to take action on in the next 12 months). All entries in the Unified Agenda have uniform data elements, including the department and agency issuing the rule, the title of the rule, its Regulation Identifier Number (RIN), an abstract describing the nature of action being taken, and a timetable showing the dates of past actions and a projected date (sometimes just the projected month and year) for the next regulatory action. Each entry also contains an element indicating the priority of the regulation (e.g., whether it is considered "economically significant" under Executive Order 12866, or whether it is considered a "major" rule under the Congressional Review Act). This report examines the January 20, 2012, edition of the Unified Agenda and identifies upcoming proposed and final rules and long-term actions that were expected to be issued pursuant to ACA in the next 12 months. The results of the search for proposed and final rules are provided in the Appendix to this report. Effects on Small Entities

Three of the upcoming final rules were expected to trigger the requirements of the Regulatory Flexibility Act because of their effects on small businesses: 
two HHS/FDA rules on "Food Labeling: Nutrition Labeling for Food Sold in Vending Machines" and "Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments"; and a TREAS/IRS rule on "Indoor Tanning Services; Cosmetic Services Excise Taxes." Upcoming Proposed and Final Rules Pursuant to the Patient Protection and Affordable Care Act
Congress delegates rulemaking authority to agencies for a variety of reasons and in a variety of ways. The Patient Protection and Affordable Care Act (ACA, as amended) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 40 provisions in ACA that explicitly require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming ACA rules is by reviewing the Unified Agenda of Federal Regulatory and Deregulatory Actions, which is published twice each year (spring and fall) by the Regulatory Information Service Center (RISC), a component of the U.S. General Services Administration, for the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA). The Unified Agenda lists upcoming activities, by agency, in three separate categories:
"active" actions, including rules in the prerule stage (e.g., advance notices of proposed rulemaking that are expected to be issued in the next 12 months); proposed rule stage (i.e., notices of proposed rulemaking that are expected to be issued in the next 12 months, or for which the closing date of the comment period is the next step); and final rule stage (i.e., final rules or other final actions that are expected to be issued in the next 12 months); "completed" actions (i.e., final rules or rules that have been withdrawn since the last edition of the Unified Agenda); and "long-term" actions (i.e., items under development that agencies do not expect to take action on in the next 12 months).
All entries in the Unified Agenda have uniform data elements, including the department and agency issuing the rule, the title of the rule, its Regulation Identifier Number (RIN), an abstract describing the nature of the action being taken, and a timetable showing the dates of past actions and a projected date for the next regulatory action. Each entry also indicates the priority of the regulation (e.g., whether it is considered "economically significant" under Executive Order 12866, or whether it is considered a "major" rule under the Congressional Review Act).
This report examines the most recent edition of the Unified Agenda (Fall 2011), published on January 20, 2012, the third edition since the enactment of ACA. The report identifies upcoming proposed rules that agencies identify as pursuant to ACA, such as an upcoming Centers for Medicare and Medicaid Services (CMS) proposed rule on "Medicaid Eligibility Changes Under the Affordable Care Act." Additionally, this report identifies upcoming final rules listed that are expected to be issued pursuant to ACA, such as a pair of upcoming Food and Drug Administration (FDA) final rules on "Nutrition Labeling for Food Sold in Vending Machines" and "Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments." The Appendix lists these upcoming proposed and final rules in a table.
This report also briefly identifies some long-term actions listed in the Unified Agenda, such as the upcoming Health and Human Services/Centers for Medicare and Medicaid Services (HHS/CMS) final rule on "Preventive Services Under the Affordable Care Act." Finally, this report briefly discusses some options for congressional oversight over the ACA rules, including the procedures contained within the Congressional Review Act.