Primary Framework
Congress laid out the basic framework under which rulemaking is conducted when it enacted the Administrative Procedure Act (APA) in 1946.
The White House's role in rulemaking and the opportunities for the White House to influence agency regulatory activity are largely defined by Executive Order 12866, Regulatory Planning and Review, signed by President Clinton in 1993.
Secondary Controls
The Paperwork Reduction Act of 1980 establishes the guiding policies for the collection and dissemination of government information.
The Congressional Review Act (CRA) requires agencies submit all new rules to Congress and affords legislators an opportunity to vote to reject them.
Congress enacted the Federal Advisory Committee Act in 1972 to govern the creation and conduct of the independent advisory committees agencies often consult with during the regulatory process.
The Freedom of Information Act (FOIA) allows public access to government information and requires federal agencies to publish certain items in the Federal Register.
The Government Performance and Results Act establishes a system for measuring each agency's performance — both as a whole and for specific programs — that can be tied to congressional appropriations.
Analytical Requirements
Depending on the rulemaking, agencies may be required to perform impact analyses under the following statutes and executive orders:
Background Outline
This section provides a summary of all aspects of the rulemaking process. Click on the links below to learn more about a specific topic.