Code of Federal Regulations

Last updated

Background

Under the nondelegation doctrine , federal agencies are authorized by "enabling legislation" to promulgate regulations (rulemaking). [2] The process of rulemaking is governed by the Administrative Procedure Act (APA): generally, the APA requires a process that includes publication of the proposed rules in a notice of proposed rulemaking (NPRM), a period for comments and participation in the decisionmaking, and adoption and publication of the final rule, via the Federal Register . [2] [3]

The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.

In administrative law, rule-making is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.

Administrative Procedure Act (United States) US federal statute regarding regulation making by administrative agencies

The Administrative Procedure Act (APA), Pub.L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and grants U.S. federal courts oversight over all agency actions. It is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law.

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 CFR 260.11(a)(1) would be read as "title 42, part 260, section 11, paragraph (a)(1)."

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

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. Code of Federal Regulations Mid-Manhattan Library.JPG
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 don't 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]

See also

Notes

  1. "Browse Code of Federal Regulations (Annual Edition)". FDsys. US Government Publishing Office Federal Digital System. Retrieved 2014-05-23.
  2. 1 2 3 "Federal Administrative Law". Duke University School of Law . Retrieved March 10, 2014.
  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. 1 2 3 "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. 1 2 3 "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.

Related Research Articles

United States Code official compilation and codification of the United States federal laws

The Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes of the United States. It contains 53 titles. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of those laws not codified in the United States Code can be found in United States Statutes at Large.

Federal Depository Library Program government program created to make U.S. federal government publications available to the public at no cost

The Federal Depository Library Program (FDLP) is a government program created to make U.S. federal government publications available to the public at no cost. As of March 2018, there are 1,141 depository libraries in the United States and its territories. A "government publication" is defined in the U.S. Code as "informational matter which is published as an individual document at Government expense, or as required by law".

<i>United States Statutes at Large</i> An official record of Acts of Congress and concurrent resolutions

The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolution of Congress is originally published as a slip law, which is classified as either public law or private law (Pvt.L.), and designated and numbered accordingly. At the end of a Congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The session law publication for U.S. Federal statutes is called the United States Statutes at Large. In that publication, the public laws and private laws are numbered and organized in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws, and codification.

The American Association of Law Libraries "is a nonprofit educational organization with over 5,000 members nationwide. AALL's mission is to promote and enhance the value of law libraries to the legal and public communities, to foster the profession of law librarianship, and to provide leadership in the field of legal information and information policy."

The California Code of Regulations is the codification of the general and permanent rules and regulations announced in the California Regulatory Notice Register by California state agencies. Such rules and regulations are reviewed, approved, and made available to the public by the Office of Administrative Law (OAL), and are also filed with the Secretary of State.

Title 1 of the Code of Federal Regulations, titled General Provisions, is a United States federal government regulation.

The New Jersey Administrative Code (N.J.A.C.) is the codification of all rules and regulations made by the executive branch agencies of New Jersey.

Law of New York (state)

The law of New York consists of several levels, including constitutional, statutory, regulatory and case law, and also includes local laws, ordinances, and regulations. The Consolidated Laws form the general statutory law.

The law of Illinois consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Illinois Compiled Statutes (ILCS) form the general statutory law.

The law of Georgia consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Official Code of Georgia Annotated forms the general statutory law.

CFR Title 50 - Wildlife and Fisheries is one of fifty titles comprising the United States Code of Federal Regulations (CFR). Title 50 is the principal set of rules and regulations issued by federal agencies of the United States regarding wildlife and fisheries. Maintained by the Office of the Federal Register, it is available in digital and printed form, and can be referenced online the Electronic Code of Federal Regulations (e-CFR).

CFR Title 49 - Transportation is one of fifty titles comprising the United States Code of Federal Regulations (CFR). Title 49 is the principle set of rules and regulations issued by the Departments of Transportation and Homeland Security, federal agencies of the United States regarding transportation and transportation related security. This title is available in digital and printed form, and can be referenced online using the Electronic Code of Federal Regulations (e-CFR).

CFR Title 3 - The President is one of fifty titles comprising the United States Code of Federal Regulations (CFR), containing the principal set of rules and regulations issued by federal agencies regarding the Executive Office of the President of the United States. It is available in digital and printed form, and can be referenced online using the Electronic Code of Federal Regulations (e-CFR).

CFR Title 5 – Administrative Personnel is one of fifty titles comprising the United States Code of Federal Regulations (CFR), containing the principal set of rules and regulations issued by federal agencies regarding administrative personnel. It is available in digital and printed form, and can be referenced online using the Electronic Code of Federal Regulations (e-CFR).

CFR Title 4 - Accounts is one of fifty titles comprising the United States Code of Federal Regulations (CFR), containing the principal set of rules and regulations issued by federal agencies regarding accounts. It is available in digital and printed form, and can be referenced online using the Electronic Code of Federal Regulations (e-CFR).

The law of New Jersey consists of several levels, including constitutional, statutory, regulatory, case law, and local law.

Federal Register Modernization Act

The Federal Register Modernization Act is a bill that would require the Federal Register to be published, rather than printed, and that documents in the Federal Register be made available for sale or distribution to the public in published form.

References

Further reading