The Regulatory Accountability Act: Proposed Legislation

Federal administrative agencies, which comprise the executive branch of the United States government, are required to conform to the procedures for their administration set out in the Administrative Procedure Act of 1946, which has been called the “constitution of rule making.”

The law requires agencies to issue proposed regulations, solicit comments, and publish final regulations.

All proposed and final regulations are published in the Federal Register, which is published daily and is available in the BLS Library in print, and online by the Government Printing Office’s Federal Digital System, and in Hein Online, Lexis and Westlaw.

Federal Register

After the final regulations are published in the Federal Register, they are codified in the Code of Federal Regulations.

Code of Federal Regulations

The print CFR is updated once a year in four separate installments, and new or amended regulations are published daily in the Federal register.¬† The CFR is also available in print in the BLS Library, and online by the Government Printing Office’s Federal Digital System, and in Hein Online, Lexis and Westlaw.

For an extensive discussion of the organization and history of U.S. administrative agencies and federal regulation, see the Federal Regulatory Directory.

According to recent news accounts, in 1946 the Federal Register comprised approximately 15,000 pages; in 2015 it comprised over 81,000 pages.

Many legislators, organizations, and citizens think this is over-regulation, which impacts our economy through excessive regulation of businesses, both large and small.

In order to reduce the number of regulations promulgated by administrative agencies in the future, a bill has been introduced in Congress to reform the federal regulatory process and cut red tape in federal programs.  This bill is called the Regulatory Accountability Act and was introduced in and passed by the House of Representatives, and is now awaiting action by the Senate.

The Regulatory Accountability Act would amend current law, with the following objectives:

  • Provide for earlier public participation on major rules and require federal agencies to disclose information they rely upon, making the process more transparent
  • Codify the duty to analyze the costs and benefits of new regulations
  • Codify many of the requirements now imposed by executive orders
  • Allow federal agency to hold hearings on the most significant regulations
  • Provide for judicial review of agency compliance for major regulations

 

 

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About Linda Holmes
I am the Associate Law Librarian at Brooklyn Law School Library. You may contact me at: linda.holmes@brooklaw.edu

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