Organic statute (United States)

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In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency and defines its authorities and responsibilities. [1] Organic statutes may also impose administrative procedures on an agency that differ from the Administrative Procedure Act. [2] Any modifications to an agency's statutory powers beyond those included in the organic statute are added by Congress in subsequent enabling statutes. [3]

Contents

Examples of organic statutes

Organic statutes include (non-exhaustive list):

Not all administrative agencies have an organic statute, as they may be created by executive rather than congressional action. [12] Forty percent of agencies created since 1946 (including the National Security Agency, Peace Corps, and Bureau of Alcohol, Tobacco, and Firearms) have been formed by executive action rather than an organic statute. [13]

Challenges to agency interpretations of organic statutes

Because agencies require statutory authorization to act, many disputes in United States administrative law hinge on interpretations of an organic statute. For example, the Occupational Safety and Health Administration (OSHA) justified implementation of its COVID-19 vaccine mandate [14] under OSHA's organic statute, the Occupational Safety and Health Act. [14] [15] OSHA issued a regulation interpreting its organic statute to both authorize and compel a vaccine or test order to protect workers from COVID-19 in the workplace. [14] Ordinarily, agency interpretations of statutes they administer are entitled to Chevron deference by reviewing courts. [16] Nonetheless, the Supreme Court of the United States invoked the major questions doctrine [17] to deny agency deference and reject OSHA's interpretation of the Occupational Safety and Health Act in National Federation of Independent Business v. Occupational Safety and Health Administration. [18]

See also

Related Research Articles

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<span class="mw-page-title-main">Occupational Safety and Health Act (United States)</span> United States labor law

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<span class="mw-page-title-main">Mine Safety and Health Administration</span>

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<span class="mw-page-title-main">Oklahoma Department of Labor</span> Oklahoma state agency

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The major questions doctrine is a principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.

References

  1. ↑ Statute, Black's Law Dictionary (11th ed. 2019)
  2. ↑ Carlson v. Postal Regulatory Comm’n, 938 F.3d 337, 348 (D.C. Cir. 2019)
  3. ↑ Steenken, Begu; Brooks, Tina (2015). "Chapter 4". Sources of American Law: An Introduction to Legal Research. CALI.
  4. ↑ 2 Stat. 413 (1807)
  5. ↑ 24 Stat. 379 (1887)
  6. ↑ 38 Stat. 717 (1914)
  7. ↑ 48 Stat. 1,064 (1934)
  8. ↑ 61 Stat. 495 (1946)
  9. ↑ 72 Stat. 426 (1958)
  10. ↑ 72 Stat. 731 (1958)
  11. ↑ Carlson v. Postal Regulatory Comm’n, 938 F.3d 337, 340 (D.C. Cir. 2019)
  12. ↑ Peter L. Strauss et al., Gellhorn and Byse’s Administrative Law: Cases and Comments, Twelfth Edition, at p. 24 (West Academic 2018)
  13. ↑ William G. Howell & David E. Lewis, Agencies by Presidential Design, 64 J. Pol. 1,095, 1,096-97 (2002)
  14. 1 2 3 86 Fed. Reg. 61,402
  15. ↑ 84 Stat. 1590
  16. ↑ Chevron, U.S.A. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 842-43 (1984)
  17. ↑ Cong. Rsch. Serv., IF 2077, The Major Questions Doctrine (2022)
  18. ↑ Nat’l Fed’n Inde. Bus v. Dep’t Lab. Occupational Safety & Health Admin., 595 U.S. __, 142 S. Ct. 661 (2022)
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