Administrative Law
Federal Administrative Law
The following laws are key statutes in operating the current federal administrative system. These statutes have collectively framed the rulemaking and transparency processes by which the executive branch operates. Many of these statutes were designed to provide consistency and predictability in the creation, retention, and accessibility of records.
- Federal Register Act (FRA)44 USC §§1501-1511
Congress enacted the FRA in 1935. The FRA designates the Federal Register as the official daily publication for presidential documents and executive agency rule and notice documents. It also established a central location for filing documents for public inspection. - Administrative Procedure Act (APA)5 USC §§ 551-559
Congress enacted the APA in 1946. The APA seeks to create fair administrative processes for rulemaking, adjudication, hearings, sanctions, and judicial review. - Freedom of Information Act (FOIA)Congress enacted FOIA in 1966. FOIA seeks to standardize processes for requesting executive branch archival and operational records.
- Privacy Act5 USC § 552a
Congress enacted the Privacy Act in 1974. This act governs the collection and use of personally identifying information by government agencies including the right to request your own records and make corrections in the event of inaccuracies. - Government in the Sunshine Act5 USC § 552b
Congress enacted the "Sunshine Act" in 1976. This act requires most government meetings to be open to the public for observation and comment. There are many state and local government equivalents under "open meeting laws" or similar. There are numerous exemptions to the open meeting requirements for confidential or security-related reasons. - Regulatory Flexibility Act (RFA)5 USC §§ 601-612
Congress enacted the RFA in 1980. The RFA was designed to grant small businesses relief from some administrative requirements that are less burdensome for larger organizations to navigate. The flexibility built into the RFA allows regulators to design alternative means of compliance based on the scale of those under its regulatory scheme. - Paperwork Reduction Act (PRA)44 USC § 3501-3521
Congress enacted the PRA in 1980 and modified it significantly in 1995. Under the PRA, federal agencies must seek public comment prior to the enactment of new regulations, certify that small businesses have been accounted for, and create a process for independent review of information collection requests. - Congressional Review Act (CRA)5 USC §§ 801-808
Congress enacted the CRA in 1996. The CRA requires federal agencies to submit a copy of the rule and a report detailing whether or not it is a "major rule" to Congress prior to enactment. For major rules, Congress has the power to disapprove the proposal.
Primary Sources
- Code of Federal Regulations (CFR)"The Code of Federal Regulations (CFR) annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. The 50 subject matter titles contain one or more individual volumes, which are updated once each calendar year, on a staggered basis."
- Federal Register"Each Federal workday, the OFR publishes the Federal Register, which contains current Presidential proclamations and Executive orders, Federal agency regulations having general applicability and legal effect, proposed agency rules, and documents required by statute to be published. All Federal regulations in force are codified annually in the Code of Federal Regulations."
- Index of U.S. Government Departments & Agencies"Find contact information for U.S. federal government departments and agencies including websites, emails, phone numbers, addresses, and more."
- Reginfo.govThis website, managed by the Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB), collects and publishes information policy from other agencies, among other duties by OIRA and OMB.
- Regulations.gov"Regulations.gov is your source for information on the development of Federal regulations and other related documents issued by the U.S. government. Through this site, you can find, read, and comment on regulatory issues that are important to you. On Regulations.gov, you can find and comment on proposed regulations and related documents published by participating U.S. Federal government agencies."
- The United States Government Manual"As the official handbook of the Federal Government, The United States Government Manual provides information on the agencies of the legislative, judicial, and executive branches. It also includes information on quasi-official agencies; international organizations in which the United States participates; and boards, commissions, and committees. The Manual begins with reprints of the Declaration of Independence and the U.S. Constitution."
Subscription Databases
Boyd students can access the following sources through the Portal or individual database logins. These databases list and link to decisions from each of the major executive branch agencies such as USDA, DHS, DOJ, and others. They also collect decisions from independent agencies such as the EPA, FCC, FDIC, GAO, SBA, and USPS.
- Bloomberg Law: Regulatory Resources / Regulatory Search
- HeinOnline: U.S. Federal Agency Documents, Decisions, and Appeals
- Lexis: Federal Administrative Materials
- Westlaw: Federal Administrative Decisions & Guidance