Who Writes Federal Rules? Agencies, Congress and the Federal Register | Rulemaking 101

Transcript

Narrated by an AI presenter with a synthetic voice. Check the official documents for current dates and details.

Welcome back to Rulemaking 101, where we help you understand how federal rules actually get made. Today we're answering one of the most searched questions about government: who writes the rules that affect your daily life? We'll look at the law that defines what counts as a rule and an agency, how the Federal Register publishes those rules, how they end up in the Code of Federal Regulations, and we'll walk through a real proposed rule from USDA about importing birds, so you can see the whole process in action. If you want more explainers like this, hit subscribe so you don't miss an episode.

Let's start with the basics. Congress writes the big laws, but it's federal agencies that write the detailed rules that put those laws into action. The law that defines these terms is 5 U.S. Code Section 551. It says a rule means an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy. In plain English, a rule is a written statement from an agency that tells people what the law requires going forward. The same law defines rule making simply as agency process for formulating, amending, or repealing a rule. And an agency, under this law, is basically any authority of the U.S. government, though it specifically excludes Congress itself and the courts. So when you hear about a new federal rule, remember: Congress passed the underlying law, but an executive branch agency, not Congress, wrote the actual rule you're reading.

Quick recap: Congress passes laws, and agencies write the specific rules that carry those laws out, as defined in 5 U.S.C. 551.

So once an agency writes a rule, how does it become public? That's where the Office of the Federal Register comes in. Under 44 U.S. Code Section 1502, the Archivist of the United States, acting through the Office of the Federal Register, is charged with the custody and, together with the Director of the Government Publishing Office, with the prompt and uniform publishing of the documents. In other words, this office, working with the Government Publishing Office, is responsible for making sure federal documents are published consistently so the public can find them. A director, appointed by the Archivist, runs this office day to day. Think of the Office of the Federal Register as the official record keeper and publisher for every rule the government issues. Without it, there would be no single place for the public to see what rules agencies are proposing or finalizing.

Quick recap: The Office of the Federal Register, under the Archivist, is in charge of publishing the documents that the law requires.

Not every government document ends up in the Federal Register, so what exactly has to be published there? 44 U.S. Code Section 1505 spells it out. It requires publication of presidential proclamations and executive orders with general effect, documents the President determines have general applicability, and documents or classes of documents that may be required so to be published by Act of Congress. So if Congress specifically requires a type of document to be published, it has to appear in the Federal Register. This matters because it's the Federal Register where proposed and final rules are officially announced, which is also where the public comment process begins. If a rule never gets published there, the public wouldn't have an official, searchable record of it.

Quick recap: Federal law requires certain documents, including rules with legal effect, to be published in the Federal Register so the public can see them.

Once a rule is finalized and published in the Federal Register, it doesn't just disappear into a daily newspaper of government action. It gets organized into a permanent reference book. 44 U.S. Code Section 1510 explains that the Administrative Committee of the Federal Register can require a complete codification of the documents of each agency of the Government having general applicability and legal effect. This is called the Code of Federal Regulations, or CFR. The law says the Office of the Federal Register prepares and publishes these codifications, and each part must be updated at least once a year. So think of the Federal Register as the daily record of new and proposed rules, and the Code of Federal Regulations as the organized, up to date rulebook that results from all of that daily activity.

Quick recap: Finished rules are organized into the Code of Federal Regulations, the government's permanent rulebook, as described in 44 U.S.C. 1510.

Now let's see this whole system in action with a real proposed rule. The Animal and Plant Health Inspection Service, or APHIS, an agency within the U.S. Department of Agriculture, published a proposed rule about importing birds and avian products. APHIS says it's acting under the Animal Health Protection Act, which lets the Secretary of Agriculture restrict imports of animals to prevent spreading disease, an authority delegated to APHIS. In the proposal, APHIS explains, we are proposing to reduce this timeframe to 28 days preceding export to the United States. APHIS said this change would align its regulations with updated international standards on how highly pathogenic avian influenza spreads. This proposed rule was published on September 24, 2026, and as of late September, about five public comments had been submitted on Regulations.gov. The agency says it will consider all comments received on or before November 23, 2026. If you have knowledge about poultry trade or disease control, this is exactly the kind of rule where your comment could be read and considered before APHIS writes a final version.

Quick recap: APHIS, a USDA agency, is proposing to shorten its avian flu import waiting period, and the public can comment until November 23, 2026.

That's how it works: Congress passes the underlying laws, agencies like APHIS write the detailed rules, the Office of the Federal Register publishes them, and the Code of Federal Regulations keeps the finished rules organized. Thanks for learning with us today. Subscribe for more episodes like this, and leave a comment telling us your question or your experience with a federal rule. And if a proposed rule like this one affects you, head to Regulations.gov and make your voice heard before the comment period closes.