Language
Country/Area
No result found
Executive agency power: What drives the creation and evolution of the Federal Code?
In United States law, the Code of Federal Regulations (CFR) is the codification of general and permanent regulations established by the executive departments and agencies of the United States federal government. These regulations are organized into 50 titles in the federal code and cover a wide range of federal regulation. Each year, a version of the Federal Code is published as a special edition of the Federal Register by the Office of the Federal Register (part of the National Archives and Records Administration) and the Government Publishing Office. In addition, the Federal Code is updated daily in electronic form online, providing the public with more convenient access.
While these regulations remain in effect, a printed version of the Code of Federal Regulations is published only once a year and is updated on a scheduled schedule.
The Federal Code was created when Congress authorized executive agencies to issue regulations in a particular area. These statutes are called “delegated acts” or “delegated legislation”. An enabling law generally consists of two parts: substantive scope and procedural requirements. Substantive scope usually uses language such as "the Secretary shall make rules to achieve a certain purpose or scope", while procedural requirements usually involve provisions of laws such as the Administrative Procedure Act, the Paperwork Reduction Act, and the Regulatory Flexibility Act. These legal requirements include public comment and analysis of the cost-effectiveness of these rules.
The purpose of these procedures is to ensure citizen participation and to make the regulatory process of executive agencies more transparent and fair. Eventually, these regulations will be codified into a formal federal code, which is called "implementing regulations."
As the code first appears in the Federal Register, the Code of Federal Regulations is divided into 50 subject headings, each of which is further divided into chapters, parts, articles, and paragraphs. The new specifications are updated more frequently as their effectiveness is continually evaluated.
The evolution of the Federal Code shows that it is a dynamic document, subject to constant changes and edits over time.
Because specification content is frequently updated and changed, tracking the impact of these changes is challenging. It is not enough to rely on rules, simple word counts or page counts. This is particularly true in government regulations, as they cover legal requirements for industries ranging from agriculture to environmental protection, transportation to commerce.
Prior to the 1937 amendment to the Federal Register Act, it was planned that all regulations in effect would be fully codified every five years. Over time, especially after 1963 and 1967, the Federal Register began publishing revised editions annually, demonstrating its adaptation to changing political and social circumstances. By 2014, as digitization grew, lawmakers introduced the Federal Register Modernization Act, which aimed to streamline the process further but also raised public concerns about the accessibility of information.
According to a survey by the American Association of Law Libraries (AALL), many members of the public, librarians, researchers, and small business owners still rely on the print version of the Federal Register.
Historically, as national needs and social developments change, the needs and content of the federal code have been adjusted to reflect the adaptation and response of the U.S. government to its executive functions. The policy background in different periods often affects the pertinence and comprehensiveness of the regulations.
It can be said that the creation and evolution of the Federal Code is in response to the needs of the executive branch’s power. It has its own historical background and legal basis, and it continues to develop in accordance with the characteristics of adapting to the times and social needs. Ultimately, this process raises a question: In the face of a changing social environment, how can we ensure that the exercise of power by executive agencies does not undermine the public's right to know?
