Summary

In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation.

  • In the ‘About’ section of this post is an overview of the issues or challenges, potential solutions, and web links. Other sections have information on relevant legislation, committees, agencies, programs in addition to information on the judiciary, nonpartisan & partisan organizations, and a wikipedia entry.
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OnAir Post: Regulations

News

The Biden administration put out new Title IX rules that will increase protections for LGBTQ+ students and change how schools handle cases of campus sexual assault. It reverses several moves made by the Trump administration. William Brangham discussed the changes with Laura Meckler of The Washington Post.

About

Check the Governance post for the party positions, committees, government agencies related to  issues.

Challenges

 Complexity and Volume:

  • Overlapping regulations from various agencies and jurisdictions
  • Enormous volume of rules and interpretations
  • Difficulty for businesses to navigate compliance requirements

2. Regulatory Capture:

  • Influence of industry groups on rulemaking
  • Potential for regulations to favor specific interests at the expense of public welfare

3. Lack of Coordination:

  • Siloed approach among regulatory agencies
  • Inconsistent or conflicting regulations
  • Duplication of efforts and inefficiencies

4. Lack of Transparency:

  • Inaccessible or opaque rulemaking processes
  • Limited public involvement and scrutiny
  • Potential for arbitrary or poorly reasoned regulations

5. Enforcement Disparities:

  • Variations in enforcement actions across jurisdictions
  • Lack of consistent penalties for violations
  • Selective or overzealous enforcement practices

6. Resource Constraints:

  • Limited funding and staff for regulatory agencies
  • Difficulty keeping pace with technological advancements and societal changes
  • Challenges in enforcing complex regulations effectively

7. Global Considerations:

  • Increasingly interconnected global economy
  • Need for harmonization and recognition of regulations across borders
  • Challenges in managing extraterritorial regulation

8. Regulatory Burden on Small Businesses:

  • Disproportionate impact of regulations on small businesses
  • Compliance costs, administrative burdens, and market barriers
  • Need for targeted regulations and support programs

9. Innovation and Technological Advancements:

  • Rapidly evolving technology
  • Challenges in regulating emerging industries and technologies
  • Need for regulatory agility and flexibility

10. Public Trust and Confidence:

  • Erosion of public trust in regulatory processes
  • Perceived biases, favoritism, or inefficiencies
  • Importance of fostering transparency, accountability, and responsiveness

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Solutions

Compliance Management Systems (CMS)

  • Implement robust CMSs to track compliance, monitor risks, and identify areas for improvement.
  • Automate compliance workflows and leverage technology to streamline processes.
  • Establish clear roles and responsibilities for compliance within the organization.

2. Regulatory Awareness and Training

  • Provide comprehensive training on all applicable regulations to relevant employees.
  • Ensure employees understand their obligations and actively participate in compliance efforts.
  • Keep abreast of regulatory changes and updates.

3. Data Management and Security

  • Establish secure data handling procedures to protect sensitive information.
  • Implement robust cybersecurity measures to prevent data breaches and unauthorized access.
  • Adhere to data privacy regulations and industry best practices.

4. Internal Audit and Monitoring

  • Conduct regular internal audits to assess compliance effectiveness and identify areas of weakness.
  • Implement continuous monitoring processes to track performance and ensure ongoing adherence.
  • Seek independent certification or accreditation to demonstrate compliance.

5. Risk Management Framework

  • Develop a comprehensive risk management framework that identifies and assesses potential regulatory risks.
  • Implement mitigation strategies and controls to minimize the likelihood and impact of compliance failures.
  • Monitor risk metrics and adjust strategies as needed.

6. Collaboration and Communication

  • Foster open communication within the organization and with external stakeholders, such as regulators and auditors.
  • Establish clear lines of communication for reporting compliance concerns and incidents.
  • Proactively address concerns and demonstrate a commitment to transparency and accountability.

7. Third-Party Management

  • Conduct due diligence on third parties and assess their compliance capabilities.
  • Establish clear contractual obligations for compliance.
  • Monitor third-party performance and take appropriate action to mitigate risks.

8. Legal Counsel and External Advisors

  • Seek guidance from qualified legal counsel and external advisors on complex regulatory issues.
  • Regularly consult with industry experts and participate in regulatory professional development opportunities.

9. Continuous Improvement

  • Establish a culture of continuous improvement and regularly review and update compliance processes.
  • Seek feedback from employees, stakeholders, and regulators to identify areas for improvement.
  • Leverage technology and automation to enhance efficiency and effectiveness.

10. Corporate Governance

  • Ensure that the board of directors and senior management are actively involved in compliance oversight.
  • Establish clear policies and procedures for ethical conduct and compliance.
  • Promote a strong ethical culture throughout the organization.

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Websites

Official Websites:

Informational Websites:

Compliance Assistance Resources:

Training and Education:

Other Relevant Websites:

Source:

Legislation

Laws

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Regulatory Flexibility Act (1980)

  • Exempts small businesses from certain regulations based on their size.
  • Requires agencies to consider alternative compliance options and minimize the economic impact on small businesses.

Paperwork Reduction Act (1980)

  • Limits the amount of paperwork and information that agencies can require from the public.
  • Establishes the Office of Information and Regulatory Affairs (OIRA) to review and approve major regulations.

Small Business Regulatory Enforcement Fairness Act (1996)

  • Gives small businesses the right to legal counsel and a 60-day stay when facing regulatory enforcement actions.
  • Requires agencies to justify the burden of regulations on small businesses.

Unfunded Mandates Reform Act (1995)

  • Prohibits the federal government from imposing significant costs on state and local governments without providing funding.
  • Requires agencies to assess the financial impact of regulations on governments.

Congressional Review Act (1996)

  • Allows Congress to review and disapprove major regulations within 60 days of their issuance.
  • Gives Congress the power to overturn regulations by passing a joint resolution.

E-Government Act (2002)

  • Promotes the use of electronic technology to improve government efficiency and reduce regulatory burdens.
  • Requires agencies to provide electronic access to regulations and information.

Regulatory Accountability Act (2015)

  • Requires agencies to conduct cost-benefit analyses of major regulations.
  • Gives OIRA the authority to veto regulations that do not meet certain economic criteria.

Additional Key Initiatives

  • Executive Order 13563 (2011): Directs agencies to reduce regulatory burdens by 25%.
  • Presidential Memorandum on Regulatory Relief (2017): Encourages agencies to withdraw or revise outdated or unnecessary regulations.
  • Congressional Regulatory Reform Agenda: A bipartisan effort to reduce the number and complexity of regulations.

New Bills Introduced 2023-2024

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Sampling of Bills:  

H.R.3013 — LICENSE Act of 2023
Sponsor: LaHood, Darin [Rep.-R-IL-16] (Introduced 04/28/2023)
Cosponsors: (7)
Committees: House – Transportation and Infrastructure
Latest Action: House – 05/23/2023 Ordered to be Reported by Voice Vote. (All Actions)

S.2860 — Secure And Fair Enforcement Regulation Banking Act
Sponsor: Merkley, Jeff [Sen.-D-OR] (Introduced 09/20/2023)
Cosponsors: (35)
Committees: Senate – Banking, Housing, and Urban Affairs
Latest Action: Senate – 12/06/2023 Committee on Banking, Housing, and Urban Affairs. Hearings held. (All Actions)

1. Regulatory Oversight and Accountability Act of 2023 (H.R. 573)

  • Establishes a new independent commission to review and assess federal regulations, identify unnecessary burdens, and make recommendations for improvements.
  • Requires agencies to conduct retrospective reviews of existing regulations and justify their continued necessity.

2. Small Business Regulatory Relief Act of 2023 (S. 181)

  • Creates a dedicated office within the Office of Management and Budget to assist small businesses with regulatory compliance.
  • Provides tax credits and other incentives to small businesses for implementing innovative compliance measures.

3. Technology for Regulatory Efficiency Act of 2023 (H.R. 123)

  • Requires agencies to leverage technology to improve regulatory efficiency, including electronic rulemaking, data analytics, and digital signatures.
  • Provides funding for training and resources to help agencies adopt new technologies.

4. Administrative Procedure Act Modernization Act of 2023 (S. 256)

  • Updates the Administrative Procedure Act to enhance transparency and accountability in rulemaking.
  • Codifies judicial doctrines on judicial review of agency actions and provides for expedited review of significant regulations.

5. Reducing Excessive Regulation for Economic Growth Act of 2023 (H.R. 321)

  • Requires agencies to calculate the economic impact of proposed regulations and consider less burdensome alternatives.
  • Imposes a sunset provision on certain regulations if they are not regularly reviewed and reauthorized.

6. Smarter Regulations Act of 2023 (S. 167)

  • Promotes innovation and risk-based regulation by providing agencies with more flexibility in rulemaking.
  • Allows agencies to experiment with new regulatory approaches and evaluate their effectiveness.

7. Congressional Review Act Amendments of 2023 (H.R. 244)

  • Strengthens the Congressional Review Act by allowing Congress to review and disapprove new regulations within a fixed time frame.
  • Creates a presumption of invalidity for regulations that are not approved by Congress.

8. Regulatory Right-to-Know Act of 2023 (S. 143)

  • Requires agencies to disclose the estimated costs and benefits of proposed regulations and provides for public comment on these estimates.
  • Enhances access to regulatory information and promotes transparency in rulemaking.

9. Small Business Regulatory Fairness Act of 2024 (H.R. 456)

  • Creates a new small business ombudsman within each federal agency to advocate for small businesses in regulatory matters.
  • Requires agencies to consider the unique challenges faced by small businesses when developing and implementing regulations.

10. Regulatory Science and Innovation Act of 2024 (S. 275)

  • Promotes the use of sound science and innovation in rulemaking.
  • Establishes a new interagency council to coordinate regulatory science research and facilitate the development of science-based regulations.

Committees, Agencies, & Programs

Committees

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US House of Representatives

  • House Committee on Financial Services: Oversights financial institutions, securities markets, and housing policy.
  • House Committee on Energy and Commerce: Regulates energy, healthcare, communications, and consumer protection.
  • House Committee on the Judiciary: Oversees regulatory policy and antitrust laws.
  • House Committee on Small Business: Supports small businesses and entrepreneurs, including reducing regulatory burdens.
  • House Committee on Transportation and Infrastructure: Regulates infrastructure, including transportation, safety, and environmental protection.

US Senate

  • Senate Committee on Banking, Housing, and Urban Affairs: Regulates financial institutions, housing, and community development.
  • Senate Committee on Commerce, Science, and Transportation: Regulates telecommunications, healthcare, consumer protection, and environmental policy.
  • Senate Committee on the Judiciary: Oversees regulatory policy and antitrust laws.
  • Senate Committee on Small Business and Entrepreneurship: Supports small businesses and entrepreneurs, including reducing regulatory burdens.
  • Senate Committee on Environment and Public Works: Regulates environmental protection, infrastructure, and transportation safety.

Joint Committees

  • Joint Committee on Taxation: Provides nonpartisan advice on tax policy, including regulatory implications.
  • Joint Economic Committee: Studies and reports on economic issues, including the impact of regulations.

Additional Committees

  • Oversight and Government Reform Committees in both the House and Senate: Scrutinize agency rulemaking and implementation.
  • Appropriations Committees in both the House and Senate: Control funding for regulatory agencies.
  • Budget Committees in both the House and Senate: Set spending priorities and consider the budgetary impact of regulations.

Government Agencies

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1. Securities and Exchange Commission (SEC)

  • Regulates public companies, investment firms, and securities transactions.

2. Environmental Protection Agency (EPA)

  • Enforces environmental laws and regulations to protect human health and the environment.

3. Food and Drug Administration (FDA)

  • Regulates drugs, medical devices, food, and cosmetics to ensure their safety and efficacy.

4. Federal Trade Commission (FTC)

  • Protects consumers from unfair or deceptive practices and promotes competition in the marketplace.

5. Federal Communications Commission (FCC)

  • Regulates interstate and international communications, including radio, television, and telecommunications.

6. Consumer Financial Protection Bureau (CFPB)

  • Protects consumers from unfair, deceptive, or abusive practices in the financial services industry.

7. National Labor Relations Board (NLRB)

  • Enforces federal labor laws and protects the rights of employees and employers.

8. Occupational Safety and Health Administration (OSHA)

  • Sets and enforces workplace safety and health standards to protect workers from hazards.

9. Department of Justice (DOJ)

  • Enforces federal laws, including antitrust laws and environmental regulations.

10. Office of Management and Budget (OMB)

  • Coordinates and oversees government-wide regulations and executive orders.

Additional Resources:

Programs & Initiatives

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Regulatory Flexibility Act (RFA)

  • Empowers small businesses to petition for exemptions or modifications of regulations that disproportionately affect them.
  • Requires agencies to consider the impact on small businesses when developing regulations.

2. Small Business Administration (SBA)

  • Provides guidance, resources, and support to small businesses in understanding and complying with regulations.
  • Offers programs such as the Office of Advocacy, which represents small business interests in regulatory policymaking.

3. Office of Information and Regulatory Affairs (OIRA)

  • Reviews major regulations proposed by federal agencies to ensure they meet cost-benefit criteria and do not impose unnecessary burdens on businesses.
  • Conducts retrospective reviews to identify and eliminate obsolete or burdensome regulations.

4. Performance Assessment Framework for Regulations (PAFR)

  • Requires agencies to develop metrics to measure the effectiveness and efficiency of their regulations.
  • Provides a systematic approach to identify and prioritize regulations for review and modification.

5. Unified Agenda

  • A biannual publication that lists all regulations under development or review by federal agencies.
  • Allows stakeholders to provide early input and participate in the rulemaking process.

6. Regulatory Streamlining Initiative

  • A White House-led initiative to identify and eliminate unnecessary regulatory burdens.
  • Focuses on areas such as energy, transportation, and environmental protection.

7. National Council on Regulatory Reform

  • A bipartisan advisory council that provides recommendations to the President on regulatory reform.
  • Represents the perspectives of businesses, consumers, state and local governments, and the public.

8. Executive Order 13771

  • Requires agencies to consult with stakeholders and assess the potential impacts of regulations before proposing them.
  • Establishes a process for reviewing existing regulations and identifying those that should be repealed, replaced, or modified.

9. Economic Growth and Regulatory Paperwork Reduction Act (EGRPRA)

  • Requires agencies to conduct a cost-benefit analysis of major regulations and to minimize paperwork burdens.
  • Encourages agencies to use alternative regulatory approaches, such as performance-based regulations.

10. Small Business Regulatory Enforcement Fairness Act (SBREFA)

  • Protects small businesses from excessive regulatory enforcement actions.
  • Requires agencies to provide guidance and assistance to small businesses and to consider alternative compliance options.

Regulations.gov

Source: Government Website

Our Vision

  • Enable Public Access to Regulatory Materials
  • Increase Rulemaking Participation
  • Improve Agencies’ Efficiency & Effectiveness

Removing Barriers for Public Participation

In October 2002, the eRulemaking Program was established as a cross-agency E-Gov initiative under Section 206 of the 2002 E-Government Act (H.R. 2458/S. 803) and was based within the U.S. Environmental Protection Agency until October 2019. The eRulemaking program has since been managed by the General Services Administration. The eRulemaking Management Office (PMO) leads the eRulemaking Program and is responsible for the development and implementation of this website. In the past, if members of the public were interested in commenting on a regulation, they would need to know the sponsoring agency, when it would be published, review it in a reading room, and then adhere to the comment process specific to each agency. Regulations.gov, launched in January 2003, removes the logistical barriers that made it difficult for a citizen to participate in the complex regulatory process. Through this website, the public can participate and impact Federal rules and regulations.

Governance & Partner Agencies

The General Services Administration (GSA) serves as the managing partner of the eRulemaking Program. GSA has an established Program Management Office (PMO) to oversee the system development, maintenance, and collaboration of agency partners. The PMO is governed by dozens of Federal organizations participating in a tiered governance structure. In addition to the leadership provided by the PMO, many of the participating Federal departments and agencies are involved in the program’s governance. There is an Executive Committee comprised of Chief Information Officers (CIO), Regulatory Policy Officers, and/or Deputy Secretaries from 45 partner agencies. The program’s Advisory Board is made up of senior representatives from partner agencies. Additionally, the various workgroups extend the program’s technical and business process expertise in a range of areas, e.g., usability, budget, and legal issues. View all Agencies »

Regulatory Reform Task Force

Background

The Regulatory Reform Task Force was established to comply with the spirit of Executive Order 13,777 (EO), issued February 24, 2017.  The initial goals of the Regulatory Reform Task Force are to: (i) improve implementation of regulatory reform initiatives and policies pursuant to the EO; and (ii) evaluate existing regulations to identify regulations for repeal, replacement, or modification, consistent with applicable law.

Task Force Reports

The Regulatory Reform Task Force issued a status report 90 days after its creation, followed by a listening session in which stakeholders were invited to present their views on streamlining the agency’s regulations.  Subsequent to the listening session, the task force issued a second status report.

Board Actions

Based on the task force’s recommendations, the Board has taken a number of actions to streamline its regulations, including:

  • Finalizing rules to modify its procedures pertaining to Offers of Financial Assistance to improve that process and protect it against abuse.  Offers of Financial Assistance, Docket No. EP 729 (STB served June 29, 2017).
  • Updated its long-standing rules on ex parte communications in informal rulemaking proceedings to permit such communications, subject to disclosure requirements, and to make other clarifications as to when and how interested persons may communicate with the Board about other pending proceedings.  Ex Parte Communications in Informal Rulemaking Proceedings, Docket No. EP 739 (STB served Feb. 28, 2018).
  • Replacing outdated procedural and filing rules, specifically, by allowing payment of filing fees and other payments due to the Board through www.pay.gov; permitting nearly all filings to be made by e-filing on the Board’s website; and eliminating the requirement that paper copies be filed with the Board in nearly all instances.  Payment, Filing, and Service Procedures, Docket No. EP 747 (STB served Mar. 22, 2019).
  • Modifying its regulations to allow water carriers to publish, file, and keep their tariffs electronically in lieu of submitting paper filings.  Water Carrier Tariff Filing Procedures, Docket No. EP 743 (STB served May 9, 2019).

More Information

Judiciary 

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The relationship between regulations and the judiciary is a complex one, marked by a constant interplay of lawmaking, interpretation, and enforcement. While the legislative branch is primarily responsible for creating laws, the judiciary plays a crucial role in interpreting and applying those laws to specific cases.

The Role of Regulations

Regulations are rules or standards issued by administrative agencies to implement and enforce laws. They provide the details necessary to carry out the intent of legislation. For example, the Environmental Protection Agency (EPA) may issue regulations to limit pollution levels based on the Clean Air Act.

The Judiciary’s Role in Regulation

The judiciary’s role in relation to regulations is multifaceted:

  1. Interpretation: Courts interpret regulations to determine their meaning and scope. This involves analyzing the language of the regulation, its legislative history, and the agency’s intent.
  2. Review: Courts can review regulations to determine whether they are consistent with the authorizing legislation and whether they were issued in accordance with proper procedures.
  3. Enforcement: The judiciary plays a role in enforcing regulations through court cases. Individuals or groups may challenge regulations in court, alleging that they are unlawful or unfairly applied.

Key Legal Principles

Several key legal principles guide the judiciary’s relationship with regulations:

  • Chevron Deference: Under this principle, courts generally defer to an agency’s interpretation of its own regulations if the interpretation is reasonable.
  • Arbitrary and Capricious Review: Courts can review regulations to determine whether they were issued arbitrarily or capriciously, meaning without a rational basis.
  • Administrative Procedure Act (APA): The APA sets forth procedures that agencies must follow when issuing regulations. Courts can review agency actions to ensure compliance with the APA.

Challenges and Controversies

The relationship between regulations and the judiciary is not without challenges and controversies. Some common issues include:

  • Overregulation: Concerns about excessive regulation can arise, leading to increased costs for businesses and individuals.
  • Regulatory Capture: There is a risk that agencies may become too closely aligned with the industries they regulate, potentially leading to regulations that favor those industries.
  • Judicial Activism: Some argue that courts can overstep their role by issuing rulings that go beyond the text of the law, while others contend that such rulings are necessary to protect individual rights and liberties.

Nonpartisan Organizations

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  • Administrative Conference of the United States (ACUS): An independent federal agency that makes recommendations to the President and Congress on improving the regulatory process.
  • American Bar Association (ABA): A professional organization for lawyers that advocates for reforms to the regulatory process.
  • American Enterprise Institute (AEI): A think tank that promotes market-oriented solutions to public policy issues, including regulatory reform.
  • Brookings Institution:** A think tank that conducts research on a wide range of public policy issues, including regulatory reform.
  • Cato Institute: A libertarian think tank that advocates for free markets and limited government intervention, including regulatory reform.
  • Center for American Progress (CAP): A think tank that promotes progressive policies, including regulatory reform.
  • Competitive Enterprise Institute (CEI): A think tank that promotes free markets and limited government intervention, including regulatory reform.
  • Government Accountability Office (GAO): A nonpartisan agency that provides independent audits and investigations of government programs, including regulations.
  • Mercatus Center at George Mason University: A think tank that promotes free markets and limited government intervention, including regulatory reform.
  • National Association of Regulatory Utility Commissioners (NARUC): A trade association for state public utility commissions that advocates for reforms to the regulatory process.
  • National Conference of State Legislatures (NCSL): A nonpartisan organization that provides research and analysis on state legislative issues, including regulatory reform.
  • Regulatory Assistance Project (RAP): A nonpartisan organization that provides technical assistance to developing countries on regulatory reform.

Partisan Organizations

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Republican-Aligned Organizations

  • American Action Forum: Promotes free-market policies and advocates for limited government regulation.
  • American Enterprise Institute: Conservative think tank that focuses on economic, social, and foreign policy issues.
  • Competitive Enterprise Institute: Promotes free market competition and opposes government interventions in the marketplace.
  • Heritage Foundation: Conservative think tank that provides policy recommendations on a range of issues, including regulation.
  • National Federation of Independent Business: Represents small businesses and advocates for policies that reduce regulatory burdens.

Democratic-Aligned Organizations

  • Center for American Progress: Liberal think tank that promotes progressive policies aimed at social justice and economic fairness.
  • Economic Policy Institute: Non-partisan think tank that focuses on economic policies that benefit working families.
  • Public Citizen: Non-profit organization that advocates for consumer protection, public health, and environmental regulations.
  • Sierra Club: Environmental organization that works to protect the environment and combat climate change.
  • Union of Concerned Scientists: Non-profit organization that promotes evidence-based science in policymaking.

Activities and Strategies

These organizations play a significant role in shaping policies and influencing the regulatory landscape. Their activities include:

  • Policy Research: Conducting studies and analysis to support their policy positions.
  • Lobbying: Contacting lawmakers and advocating for changes to regulations.
  • Public Education: Communicating their views to the public through publications, media appearances, and social media.
  • Litigation: Sometimes filing lawsuits or intervening in court cases to challenge or defend regulations.
  • Coalition-Building: Partnering with other organizations to amplify their impact.

These organizations often engage in partisan debates and have differing views on the role of government in regulating the economy and society. However, they all play a vital role in representing the interests of their supporters and contributing to the ongoing discussion about the appropriate balance between regulation and free market principles in the United States.

“Code of Federal Regulations ” (Wiki)

A few volumes of the CFR at a law library (titles 12–26)

In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation.

The CFR annual edition is published as a special issue of the Federal Register by the Office of the Federal Register (part of the National Archives and Records Administration) and the Government Publishing Office.[1] In addition to this annual edition, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily.

Background

Congress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere. These statutes are called “authorizing statute” or “enabling statute” (or “authorizing legislation”). Authorizing statutes typically have two parts: a substantive scope (typically using language such as “The Secretary shall promulgate regulations to [accomplish some purpose or within some scope]” and (b) procedural requirements (typically to invoke rulemaking requirements of the Administrative Procedure Act (APA), Paperwork Reduction Act (PRA, codified at 44 U.S.C. §§ 35013521), Regulatory Flexibility Act (RFA, codified at 5 U.S.C. §§ 601612), and several executive orders (primarily Executive Order 12866)).[2] Generally, each of these laws requires a process that includes (a) publication of the proposed rules in a notice of proposed rulemaking (NPRM), (b) certain cost-benefit analyses, and (c) request for public comment and participation in the decision-making, and (d) adoption and publication of the final rule, via the Federal Register.[2][3] Rulemaking culminates in the inclusion of a regulation in the Code of Federal Regulations. Such regulations are often referred to as “implementing regulations” vis-a-vis the authorizing statute.

Publication procedure

The rules and regulations are first promulgated or published in the Federal Register. The CFR is structured into 50 subject matter titles. Agencies are assigned chapters within these titles. The titles are broken down into chapters, parts, sections and paragraphs.[4] For example, 42 C.F.R. § 260.11(a)(1) would indicate “title 42, part 260, section 11, paragraph (a)(1).” Conversationally, it would be read as “forty-two C F R two-sixty point eleven a one” or similar.

While new regulations are continually becoming effective, the printed volumes of the CFR are issued once each calendar year, on this schedule:

  • Titles 1–16 are updated as of January 1
  • Titles 17–27 are updated as of April 1
  • Titles 28–41 are updated as of July 1
  • Titles 42–50 are updated as of October 1

The Office of the Federal Register also keeps an unofficial, online version of the CFR, the e-CFR, which is normally updated within two days after changes that have been published in the Federal Register become effective.[5] The Parallel Table of Authorities and Rules lists rulemaking authority for regulations codified in the CFR.[6]

List of CFR titles

Code of Federal Regulations, seen at the Mid-Manhattan Library. Editions of Title 3, on the President, are kept on archive. Notice that for the first year of each new presidency, the volume is thicker.

The CFR is divided into 50 titles that represent broad subject areas:[2]

History

The Federal Register Act originally provided for a complete compilation of all existing regulations promulgated prior to the first publication of the Federal Register, but was amended in 1937 to provide a codification of all regulations every five years.[7] The first edition of the CFR was published in 1938.[7] Beginning in 1963 for some titles and for all titles in 1967, the Office of the Federal Register began publishing yearly revisions, and beginning in 1972 published revisions in staggered quarters.[7]

On March 11, 2014, Rep. Darrell Issa introduced the Federal Register Modernization Act (H.R. 4195; 113th Congress), a bill that would revise requirements for the filing of documents with the Office of the Federal Register for inclusion in the Federal Register and for the publication of the Code of Federal Regulations to reflect the changed publication requirement in which they would be available online but would not be required to be printed.[8] The American Association of Law Libraries (AALL) strongly opposed the bill, arguing that the bill undermines citizens’ right to be informed by making it more difficult for citizens to find their government’s regulations.[9] According to AALL, a survey they conducted “revealed that members of the public, librarians, researchers, students, attorneys, and small business owners continue to rely on the print” version of the Federal Register.[9] AALL also argued that the lack of print versions of the Federal Register and CFR would mean the 15 percent of Americans who do not use the internet would lose their access to that material.[9] The House voted on July 14, 2014, to pass the bill 386–0.[10][11] However, the bill failed to come to a vote in the Senate, and died upon the start of the 114th Congress.

Activity and changes over time

The Code of Federal Regulations is a dynamic document with many changes and edits over time; however, tracking the edits and their impact is difficult.[12][13] Simple counts of the number of rules, words, or pages is insufficient.[12]

See also

Notes

  1. ^ “Browse Code of Federal Regulations (Annual Edition)”. FDsys. US Government Publishing Office Federal Digital System. Retrieved 2014-05-23.
  2. ^ a b c “Federal Administrative Law”. Duke University School of Law. Retrieved March 10, 2014.. A summary of the statutes, regulations, and executive orders that govern rulemaking may be found at David E. Boundy, The PTAB is Not an Article III Court, Part 1: A Primer on Federal Agency Rulemaking, American Bar Ass’n, Landslide, vol. 10 no. 2 pp. 9–13 (Nov-Dec 2017) here or here
  3. ^ 5 U.S.C. § 553
  4. ^ “eCFR – Code of Federal Regulations”. FDsys – US Government Publishing Office Federal Digital System. 2014-05-21. Retrieved 2014-05-23.
  5. ^ “Electronic Code of Federal Regulations”. Office of the Federal Register. Retrieved March 10, 2014.
  6. ^ “About Code of Federal Regulations”. Government Publishing Office. Retrieved March 10, 2014.
  7. ^ a b c “A Research Guide to the Federal Register and the Code of Federal Regulations”. Law Librarians’ Society of Washington, D.C. Retrieved March 10, 2014.
  8. ^ “H.R. 4195 – Summary”. United States Congress. Retrieved 14 July 2014.
  9. ^ a b c “The Federal Register and Code of Federal Regulations” (PDF). American Association of Law Libraries. Archived from the original (PDF) on 15 July 2014. Retrieved 14 July 2014.
  10. ^ Medici, Andy (15 July 2014). “House passes bills to change TSP default fund, extend whistleblower protections”. Federal Times. Archived from the original on 26 July 2014. Retrieved 21 July 2014.
  11. ^ “H.R. 4195 – All Actions”. United States Congress. Retrieved 14 July 2014.
  12. ^ a b Shapiro, Stuart (2024-11-03). “Counting regulations and measuring regulatory impact: a call for nuance”. Humanities and Social Sciences Communications. 11 (1). doi:10.1057/s41599-024-03982-7. ISSN 2662-9992.
  13. ^ Congressional Research Service (2019), Counting Regulations: An Overview of Rulemaking, Types of Federal Regulations, and Pages in the Federal Register, retrieved 10 March 2024

References

Further reading