Code of Federal Regulations - Background

Background

Every regulation in the CFR must have an "enabling statute", or statutory 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. 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 "rulemaking" 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.

The code was started in 1938.

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