美国法典和美国联邦法规区别(U.S.C和CFR)

The United States Code is divided into 50 titles (listed below), which deal with broad, logically organized areas of legislation. Titles may optionally be divided into subtitles, parts, subparts, chapters, and subchapters. All titles have sections as their smallest basic coherent unit, though sections are often divided into subsections, paragraphs, and clauses. Not all titles use the same series of subdivisions above the section level, and they may arrange them in different order. For example, in Title 26 (the tax code), the order of subdivision runs Title - Subtitle - Chapter - Subchapter - Part - Subpart - Section - Subsection - Paragraph - Subparagraph - Clause - Subclause. In Title 38 (Veteran's Benefits) the order runs Title - Part - Chapter - Subchapter - Section. Put another way, the Title is always the largest division of the Code, and the section the smallest (except for subsections, paragraphs, clauses, etc.), but intermediate levels vary in both number and sequence from Title to Title.

The word \in this context is roughly akin to a printed \although many of the larger titles span multiple volumes. Similarly, no particular size or length is associated with other subdivisions; a section might run several pages in print, or just a sentence or two. Some subdivisions within particular titles acquire meaning of their own; for example, it's common for lawyers to refer to a \

or a \

A sample citation would be 5 U.S.C. § 552a, the Privacy Act of 1974. A lawyer would read that out loud as \five, United States Code, section five hundred fifty-two A.\

When sections are repealed, their text is deleted and replaced by a note summarizing what used to be there. This is necessary so that lawyers reading old cases can understand what the cases are talking about. As a result, some portions of the Code consist entirely of empty chapters full of historical notes. For example, Title 8, Chapter 7 is labeled \Chinese.\Act, which is no longer in effect.

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States.

The CFR is published by the Office of the Federal Register, an agency of the National Archives and Records Administration (NARA).

The CFR is divided into 50 titles that represent broad areas subject to Federal regulation.

Background

Every regulation in the CFR must have an \authority. The United States Code (U.S. Code) precedes the CFR and contains statutes enacted by Congress. The CFR contains regulations, which spell out in further detail how the executive branch will interpret the law.[1] The two documents represent different stages in the legislative process. The U.S. Code is a codification of legislation, while the CFR serves as administrative law. Administrative law exists because the Congress often grants broad authority to executive branch agencies to interpret the statutes in the U.S.Code (and in uncodified statutes) which the agencies are entrusted with enforcing. Congress may be too busy, congested, or gridlocked to micromanage the jurisdiction of those agencies by writing statutes that cover every possible detail, or Congress may determine that the technical specialists at the agency are best equipped to develop detailed applications of statutes to particular fact patterns as they arise.

Under the Administrative Procedure Act, the agencies are permitted to promulgate detailed rules and regulations through a public \process where the public is allowed to comment, known as public information. After a period of time, the rules and regulations are usually

published in the Federal Register.

The Parallel Table of Authorities and Rules in the index to the CFR correlates laws with their regulations using U.S. Code citations, Statutes at Large citations and Public Law numbers.[2]

Effect of administrative law

The rules are treated by the courts as being as legally binding as statutory law, provided the regulations are a reasonable interpretation of the underlying statutes. This \doctrine was articulated by the U.S. Supreme Court in a unanimous decision (six voting, three recused) involving a challenge to new Clean Air Act regulations promulgated by the Reagan administration in 1981. See Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.[3] For example, if Congress enacted a law that simply stated that there are not to be \the United States (but defined things no further), an entity designated, as part of the law, to enforce it (probably the United States Environmental Protection Agency (EPA)) could define in a scientific way what an excessive level of mercury is, as well as what constitutes a significant body of water. The Agency's definitions and its plan of enforcement for what Congress intended (along with listed penalties for

violation coming from Congress unless Congress specified otherwise) will all go into the CFR.

Also, enabling legislation can be passed by Congress which gives a federal non-Congressional entity wide latitude in creating rules (law of bases). For example, the EPA could be designated by Congress to promulgate rules \control harmful pollutants\the Agency could then promulgate broad rules (including definitions and enforcement provisions), in the absence of existing specific laws, to control lead emissions, radon emissions, pesticide emissions, and so forth. Such rules, including any definitions and enforcement provisions created by Congress or the Agency, will all go into the CFR.

Publication of administrative law

The rules and regulations are first promulgated or published in the Federal Register. Each is given a CFR citation, such as 42 CFR 260.11(a)(1), that can be cited immediately, without waiting for a page number from the physical copy. The aforementioned citation would be read, \part 260, section 11, paragraph (a)(1).\

NARA also keeps an online version of the CFR, the e-CFR, that is normally updated two days after changes to the regulations, that have been published in the Federal Register, become effective.

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