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Federal and Regulatory Law

Federal and Regulatory Law. LEGAL INFORMATION AND ACCESS SERVICES SLIS 5647 UNIVERSITY OF NORTH TEXAS SCHOOL OF LIBRARY AND INFORMATION SCIENCES Dr. Yvonne J. Chandler, Assistant Professor. ORGANIZATIONAL STRUCTURE OF THE GOVERNMENT. Constitution. Legislative Branch. Executive

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Federal and Regulatory Law

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  1. Federal and Regulatory Law LEGAL INFORMATION AND ACCESS SERVICES SLIS 5647 UNIVERSITY OF NORTH TEXAS SCHOOL OF LIBRARY AND INFORMATION SCIENCES Dr. Yvonne J. Chandler, Assistant Professor

  2. ORGANIZATIONAL STRUCTURE OF THE GOVERNMENT Constitution Legislative Branch Executive Branch Judicial Branch Independant Agencies (Rules & Regulations) House & Senate (Laws) Federal Courts (Legal Cases)

  3. U. S. GOVERNMENT MANUAL Published by the Office of the Federal Register of the National Archives and Records Administration, the Manual describes each department and agency including: • Descriptions of the Agencies Functions and Authority • Citations to the Statutes Creating the Department or Agency • Information About Subsidiary Units and Predecessor Agencies • Names and Functions of Officials • Organizational Charts • Sources of Information Available From the Agency and Major Publications Provided

  4. U. S. GOVERNMENT MANUAL • U. S. Government Manual - 1995-1998 http://www.access.gpo.gov/nara/nara001.html (searchable database) • 1997-1998 U. S. Government Manual http://www.access.gpo.gov/nara/browse-gm.html (browseable table)

  5. INDEPENDENT AND QUASI INDEPENDENT AGENCIES CORPORATIONS, COMMITTEES & COMMISSIONS • MAJOR IND. AGENCIES - CIA, EPA, GSA, NASA, OPM, SBA, USPS • OTHER MAJOR IND.AGENCIES, CORP & QUASI- OFFICIAL AGENCIES - NAT. FOUND. ON THE ARTS AND HUMANITIES, NAT. SCI. FOUND., SMITHSONIAN INSTITUTION, US INT. TRADE COMMISSION • MAJOR IND. REGULATORY AGENCIES - CONSUMER PRODUCT SAFETY COMMISSION, FCC, FTC, ICC, NRC

  6. INDEPENDENT AND QUASI INDEPENDENT AGENCIES CORPORATIONS, COMMITTEES & COMMISSIONS • OTHER REGULATORY & QUASI-JUDICIAL AGENCIES - EEOC, NAT. LABOR RELATIONS BD. • FINANCIAL REGULATORY AGENCIES & CORP. - FDIC, FED. HOME LOAN BANK BD., FED. RESERVE SYSTEM • IND.AGENCIES- FOREIGN AFFAIRS - BD. FOR INT. BROADCASTING, PEACE CORPS, US INFORM. AGENCY • OTHER IND. AGENCIES, CORP., COMMITTEES - ACTION, CIVIL RTS. COMMISSION, PANAMA CANAL COMMISSION

  7. EXECUTIVE BRANCH AGENCIESFEDERAL GOVERNMENT ORGANIZATIONAL STRUCTURE • DocLaw - Washburn School of Lawhttp://lawlib.wuacc.edu/washlaw/doclaw/doclawnew.html • White House Citizen’s Guide - THE PRESIDENT’S CABINEThttp://www.whitehouse.gov/WH/Cabinet/html/cabinet_links.html • INDEPENDENTAGENCIEShttp://www.whitehouse.gov/WH/Independent_Agencies/html/independent_links.html

  8. EXECUTIVE BRANCH AGENCIESFEDERAL GOVERNMENT ORGANIZATIONAL STRUCTURE • Federal Web Locator at the Villanova Center for Information Law and Policy • http://www.law.vill.edu/Fed-Agency/fedwebloc.html • L.S.U. U.S. Federal Government Agencies Page http://www.lib.lsu.edu/gov/fedgov.html

  9. GPO ACCESS The Government Printing Officehttp://www.access.gpo.gov Superintendent of Documents Homepagehttp://www.access.gpo.gov/su_docs/ GPO/SuDocs Homepage Indexhttp://www.access.gpo.gov/su_docs/index.html Gov. Information Locator Service (GILS) - Online via GPO Access http://www.access.gpo.gov/su_docs/gils/gils.html

  10. The Regulatory Process There are two parts to the regulatory process: • Federal Register • Code of Federal Regulations The laws passed by the legislative branch direct the relevant federal agencies in the executive branch to write the rules and regulations that will carry out the law's goals.

  11. Guides to Federal Regulations • Federal Regulations Guide Serieshttp://www.clark.net/pub/lschank/web/fedregs.html Legi-Slate - Guide to the Regulatory Process http://www.legislate.com/d/ddregpr1.htm Federal Regulatory Information :Full-Text: Agency and Background Resources Available Via the Internethttp://www.lib.lfc.edu/federalregs/regshome.html

  12. Guides to the Federal Register LegiSlate Guide to the Federal Register http://www.legislate.com/d/ddfr.htm

  13. FEDERAL REGISTER The federal regulations are the implementation of the Public Laws by the governmental department assigned to oversee them, or can include executive orders.

  14. FEDERAL REGISTER The regulations go through several stages, including: • Prerule, Proposed Rule, Final Rule and Completed Actions. Regulations will appear in the Federal Register several times as they move from Prerule to Final or Completed actions.

  15. FEDERAL REGISTER The Federal Register is published every Federal working day providing a uniform system for making publicly available regulations and legal notices issued by agencies & the President, including; Executive Orders, Presidentialproclamations, Federal agency documents having general applicability and legal effect, documents required to be published by Congress, and other Federal agency documents of public interest.

  16. FEDERAL REGISTER The Federal Register is connected to the Code of Federal Regulationsby finding aids - the List of CFR Parts Affected

  17. FEDERAL REGISTER • The Federal Register is like a public bulletin board, published by the U. S. Government every business day. • All proposed agency rules must be published & have at least a 30 day period to receive public comments. Rule becomes final & enforceable upon publication in the Federal Register unless a later date is noted.

  18. The Federal Register is legislatively mandated to publish: • Presidential Documents including; Presidential Proclamations, Executive Orders, and Other Documents • Rules and Regulations - Texts of Proposed Rules and Regulations or Texts of Final Rules and Regulations • Noticesincluding; Agency Regulatory Agendas, Notices of Hearings, Notices, Announcements of Application Deadlines, or License Revocations

  19. The Federal Register is legislatively mandated to publish: • Sunshine Act Meetings • Congressional Documents including; Documents that May Be Required to Be Published by Congress, Lists of Acts approved by the President during Congressional Recess, and List of Public Laws Received by Congress

  20. PRESIDENTIAL DOCUMENTS • Executive Orderscover a wide spectrum of subjects and generally are directed to executive agencies. • These documents are issued as a means of implementing the President's constitutional and statutory responsibilities and managing the operations of the executive branch of Government.

  21. PRESIDENTIAL DOCUMENTS • Presidential Proclamations include: • Proclamations are of two types: (1) ceremonial, designating periods of special observance, (2) proclamations of a more substantive nature, usually dealing with trade.

  22. RULES & REGULATIONS • The Rules and Regulations section contains many regulatory documents with legal effect. The terms "rules" and "regulations" are used interchangeably throughout the Federal Register . • Rules and Regulations which amend text must include changes to the CFR and state the effective date for any change

  23. RULES & REGULATIONS • Types of documents published in the Rules and Regulations section. • Documents which amend the CFR by adding new text. • Documents revising or removing existing text.

  24. PROPOSED RULES • A proposed rule is an announcement to the public that a change to the CFR is under consideration. Publication of proposed rules gives interested persons the opportunity to participate in the rulemaking process before adoption of the final rule.

  25. PROPOSED RULES • Proposed rules either: • Documents that suggest changes to agency regulations in the CFR and request public comment on those suggested changes. • Many agencies voluntarily publish proposed changes for public comment.

  26. NOTICES • The Notices section contains documents other than rules or proposed rules that are applicable to the public. • Documents in this section are not codified in the CFR.

  27. NOTICES • Notices include: • Hearings and Investigation • Committee Meetings • Agency Decisions • Rulings • Delegations of Authority • Filing of Petitions and Applications • Issuance or Revocation of Licenses • Grant Application Deadlines • Availability of Environmental Impact Statements

  28. SUNSHINE ACT ANNOUNCEMENTS • Sunshine Act Announcements are notices of meetings in the Federal government. Publication of these meeting announcements is required under the Sunshine Act (5 USC 552b(e)(3)).

  29. SUNSHINE ACT ANNOUNCEMENTS • The Sunshine Act requires that meetings of Government agencies be open to the public with certain specified exceptions. The Act also requires that public announcement be made in the Federal Register of the time, place, and subject matter of the meeting, the name and telephone number of the agency official to contact for more information, and whether the meeting is open or closed to the public.

  30. INDEXES TO THE FEDERAL REGISTER • FEDERAL REGISTER INDEX - (cumulating references since the beginning of the year) • CIS FEDERAL REGISTER INDEX - (more detailed indexing and current coverage issued weekly with bound semiannual volumes) • WESTLAW - FR database • LEXIS - FEDREG file in CODES AND GENFED libraries

  31. FEDERAL REGISTERON THE INTERNET • GPO Access - Federal Register Database 1995 - 1997 - Vols. 60, 61 and 62http://www.access.gpo.gov/su_docs/aces/aces140.html • Databases Online via GPO Accesshttp://www.access.gpo.gov/su_docs/aces/aaces002.html • Daily Federal Register and Archives - Counterpoint Publicationshttp://fr.counterpoint.com/ • Federal Register - GPO Gate University of California Gateway to GPO Accesshttp://www.gpo.ucop.edu/search/fedfld.html

  32. UNIFIED AGENDA • The agendas for each issuing agency are published in the table of contents of each Federal Register issue under the proposed rule category. Each agenda begins with a preamble and a table summarizing the regulatory actions, followed by descriptions (abstracts) of each action. • Known as the Semi-Annual Regulatory Agenda it is published semi-annually in the Federal Register, usually in April and October.

  33. UNIFIED AGENDA ON THE INTERNET • Unified Agenda - GPO Access - Connect to Databases Online via GPO Access (1994 to the present.) http://www.access.gpo.gov/su_docs/aces/aaces002.html • Unified Agenda GPO Gate - University of California Gateway to GPO Access (1994 to the present.) http://www.gpo.ucop.edu/search/unif.html • Regulatory Plan and Unified Agenda of Federal Regulations -The Regulatory Information Service Center http://cobar.cs.umass.edu/ciirdemo/ua/

  34. Guide to the Code of Federal Regulations • Guide to the Code of Federal Regulations http://www.legislate.com/d/ddcfr.htm

  35. RELATIONSHIP BETWEEN THE FEDERAL REGISTER AND THE CODE OF FEDERAL REGULATIONS Accessing federal regulations using only the Federal Register is analogous to accessing federal statutory law using only Statutes at Large. The Code of Federal Regulations serves the same function for federal regulations that the United States Code serves for federal statutory law.

  36. CODE OF FEDERAL REGULATIONS • The Code of Federal Regulations is the final repository for all federal regulations. • They are codified in a subject arrangement of fifty titles, similar to those used for federal statutes in the U. S. Code.

  37. CODE OF FEDERAL REGULATIONS • Each title is divided into chapters devoted to the regulations of an agency. • Each chapter is divided into parts discussing general subjects of regulations • Each part is divided into sections which are the actual text of the rules

  38. PUBLICATION OF THE CFR • Portions of the CFR are published every quarter by the Government Printing Office; thus, there is never a complete and current printed set of all CFR titles at the same time. • Title 1 through Title 16……..As of January 1 • Title 17 through Title 27…….As of April 1 • Title 28 through Title 41…….As of July 1 • Title 42 through Title 50……..As of October 1

  39. UPDATING THE CFR • Updating regulations is necessary because changes to the regulations occur constantly before the newly published titles are even disseminated. • CFR is updated with three tools • List of Sections Affected • Federal Register • LEXIS, WESTLAW and the Internet to check for new regulations and caselaw

  40. INDEXING AND FINDING AIDS TO THE CFR • CFR INDEX AND FINDING AIDS (provides access by agency and subject) • CIS INDEX TO THE CODE OF FEDERAL REGULATIONS (multi-volume more detailed subject access index) • LEXIS • WESTLAW • Shepard’s Code of Federal Regulations Citations

  41. CFR ON THE INTERNET • GPO Access/National Archives and Records Administration http://www.access.gpo.gov/nara/cfr/index.html http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1 • GPO Access Gateways - University of California GPO Gate Code of Federal Regulations http://www.gpo.ucop.edu:80/search/cfr.html

  42. CFR ON THE INTERNET • Code of Federal Regulations - Counterpoint Publications http://cfr.counterpoint.com/CFR.html • Cornell University Law Schoolhttp://www.law.cornell.edu/regs.html • FindLawhttp://www.findlaw.com/casecode/code.html

  43. STATE ADMINISTRATIVE LAW INTERNET SITES • Administrative Law Resources Arranged By State - Florida State University College of Law and the American Bar http://www.law.fsu.edu/library/admin/admin5.html • State Web Locator - Villanova Center for Information Law & Policy http://www.vcilp.org/State-Agency/index.html • ALSO - American Law Sources Online - United Stateshttp://www.lawsource.com/also/#[United States]

  44. STATE ADMINISTRATIVE LAW INTERNET SITES • FindLaw - State Resources http://www.findlaw.com/11stategov/ • Government Information Xchange - U.S. State and Local Government Informationhttp://www.info.gov/Info/html/state_government.shtml • The Law Office - Legal Research Centerhttp://www.thelawoffice.com/Research/Research.htm

  45. TEXAS ADMINSTRATIVE LAW • Texas Register http://www.sos.texas.gov/texreg/ • Texas Administrative Code http://www.sos.state.tx.us/tac/ http://www.sos.state.tx.us/tac/index.html

  46. ADMINISTRATIVE AGENCY DECISIONS • Substantive Law on the World Wide Web http://www.mother.com/~randy/law.html • Social Security Rulings and Acquiescence Rulings http://www.ssa.gov/OP_Home/rulings/rulings‑pref.html • Comptroller General Decisions - United States General Accounting Office http://www.gao.gov/decisions/decision.htm

  47. PRESIDENTIAL DOCUMENTS • Executive orders issued to government officials. • Proclamations or announcements of policy to the nation and may include announcements of ceremonial occasions or deal with trade policy or tariff issues. • Administrative orders, memoranda, notices, letters, and presidential determinations.

  48. PRESIDENTIAL DOCUMENTS • Presidential reorganization plans to reform, abolish, or transfer agency functions. • Presidential messages or communications to Congress to propose new legislation, explain vetoes, transmit reports, convey information about national affairs, and during signing of legislation. • Executive agreements made between other countries.

  49. PRESIDENTIAL DOCUMENTS FOUND ON THE WHITEHOUSE WEB SITE THE WHITE HOUSE http://www.whitehouse.gov White House - The Virtual Library • http://www.whitehouse.gov/WH/html/library.html • Radio Addresses of the President • White House Photographs • White House Publications • Executive Orders • http://library.whitehouse.gov/Search/Query-ExecutiveOrders.html • Presidential Addresses • http://www.whitehouse.gov/WH/html/briefroom.html

  50. PRESIDENTIAL DOCUMENTS FOUND ON THE INTERNET • Weekly Compilation of Presidential Documents • http://www.access.gpo.gov/nara/nara003.html Executive Orders - National Archives and Records Adminstration http://www.nara.gov/nara/fedreg/eo/eo.html Executive Orders and Office of Management and Budget Circulars - FedLaw - Federal Statutes and Regulations http://www.legal.gsa.gov/intro2.htm Executive Orders and OMB Circulars http://www.legal.gsa.gov/legal1.htm Presidential Documents - U. S. House of Representatives Internet Law Library http://law.house.gov/13.htm

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