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Chapter 2: The Key Players

Most regulations are subject to executive and
legislative oversight to make sure they are consistent
with written law. The Administration Procedure Act of
1946 mandates a period of public comment for new
rules. The Regulatory Flexibility Act of 1980 requires
agencies to examine expected effects of new regulations
on small entities. The Congressional Review Act of
1996 mandates agencies to send new rules to Congress
and federal agencies are to share drafts of significant
regulations with the White House Office of Information
and Regulatory Affairs (OIRA) before the agencies
publish them.

The rule of law breaks down when rogue agencies
ignore oversight rules and act as a law unto themselves.
According to a 2016 Government Accountability Office
report, the Treasury Department and the Internal
Revenue Service have consistently avoided OIRA
review and other requirements for accountability and
transparency. The IRS has issued several rules under
the Affordable Care Act that it declared exempt from
review despite their magnitude. President Trump has
issued an executive order directing Treasury to work
with OIRA to examine its regulations.

Lawlessness breeds intolerance, and once we go
down this road, extremes become the norm. The
Portland Public Schools board unanimously approved
a resolution that bans textbooks and other teaching
materials that deny climate change exists or cast doubt
on whether humans are to blame. The rule also
mandates a “curriculum and educational opportunities
that address climate change and climate justice” in all
Portland public schools.

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