Difference between revisions of "Federal Administrative Procedure Sourcebook"

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=== '''''A joint publication by the Administrative Conference of the United States and the American Bar Association's Section of Administrative Law and Regulatory Practice''''' ===
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==='''''A joint publication by the Administrative Conference of the United States and the American Bar Association’s Section of Administrative Law and Regulatory Practice'''''===
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<big>The ''Federal Administrative Procedure Sourcebook'' has been compiled as a basic introduction and reference book on major federal procedural statutes. The text of each statute is provided, along with explanatory material, legislative history, related guidance documents, sources of additional relevant information, and a bibliography.</big>
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<big>The ''Federal Administrative Procedure Sourcebook'' (''Sourcebook'') is an annotated compilation of the key legal sources governing nearly every aspect of administrative procedure. It provides an overview of the major laws governing administrative procedure and offers access to statutory text, legislative history, agency regulations, guidance documents, law review articles, and other sources of relevant information.</big>
  
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<big>The ''Sourcebook'' is designed to be useful for both lawyers and non-lawyers at federal agencies and for anyone who needs to know more about any of the key federal procedural statutes. While this volume is designed to be a convenient source of statutory, regulatory, and other materials, we emphasize that the commentary is not intended to be a substitute for legal research or for legal counsel. Readers with specific questions may have to consult the statute directly, as well as judicial opinions, legislative history, or, where appropriate, the lead agency or their own attorney.</big>
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<big>The Administrative Conference of the United States (ACUS) maintains the ''Sourcebook'' as a continuously updated online resource, adding new resources as they become available. In so doing, it regularly consults with the ABA’s Section of Administrative Law and Regulatory Practice, whose designated editors (Professors William Funk and Jeffrey S. Lubbers) provide input regarding important updates and developments. ACUS also invites users to inform us of any errors and to recommend inclusion of other resources. You may do so by contacting ACUS at [mailto:sourcebook@acus.gov Sourcebook@acus.gov].</big>
  
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'''<big>Table of Contents</big>'''
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__NOTOC__<div style="column-count:3;-moz-column-count:3;-webkit-column-count:3">
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<div style="column-count:3;-moz-column-count:3;-webkit-column-count:3">
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#<big>[[Administrative Procedure Act]]</big>
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# <big>[[Administrative Procedure Act]]</big>
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#<big>[[Judicial Review of Agency Action]]</big>
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# <big>[[Judicial Review of Agency Action]]</big>
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#<big>[[Congressional Review of Agency Rulemaking]]</big>
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# <big>[[Congressional Review of Agency Rulemaking]]</big>
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#[[Rulemaking Requirements from the Executive Office of the President]]
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# <big>[[White House Orders, Bulletins, and Memoranda]]</big>
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#<big>[[Administrative Dispute Resolution Act]]</big>
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# <big>[[Administrative Dispute Resolution Act]]</big>
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#<big>[[Agency Practice Act]]</big>
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# <big>[[Agency Practice Act]]</big>
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#<big>[[Contract Disputes Act]]</big>
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# <big>[[Contract Disputes Act]]</big>
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#<big>[[E-Government Act of 2002]]</big>
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# <big>[[E-Government Act of 2002]]</big>
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#<big>[[Equal Access to Justice Act]]</big>
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# <big>[[Equal Access to Justice Act]]</big>
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#<big>[[Federal Advisory Committee Act]]</big>
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# <big>[[Federal Advisory Committee Act]]</big>
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#<big>[[Federal Register Act]]</big>
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# <big>[[Federal Register Act]]</big>
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#<big>[[Freedom of Information Act]]</big>
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# <big>[[Federal Tort Claims Act]]</big>
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#<big>[[Government in the Sunshine Act]]</big>
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# <big>[[Freedom of Information Act]]</big>
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#<big>[[Government Performance and Results Act]]</big>
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# <big>[[Government in the Sunshine Act]]</big>
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#<big>[[Information Quality Act]]</big>
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# <big>[[Government Performance and Results Act]]</big>
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#<big>[[National Environmental Policy Act]]</big>
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# <big>[[Information Quality Act]]</big>
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#<big>[[Negotiated Rulemaking Act]]</big>
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# <big>[[National Environmental Policy Act]]</big>
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#<big>[[Paperwork Reduction Act]]</big>
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# <big>[[Negotiated Rulemaking Act]]</big>
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#<big>[[Privacy Act]]</big>
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# <big>[[Paperwork Reduction Act]]</big>
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#<big>[[Regulatory Flexibility Act]]</big>
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# <big>[[Privacy Act]]</big>
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#<big>[[Unfunded Mandates Reform Act]]</big>
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# <big>[[Regulatory Flexibility Act]]</big>
 
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# <big>[[Unfunded Mandates Reform Act]]</big>
 
 
</div>
 
</div>
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== Understanding the Structure of the ''Sourcebook'' ==
 
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<big>Though the ''Sourcebook''’s organization is largely self-evident, a few preliminary comments may be valuable. These notes follow the format of most chapters:</big>
 
  
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* <big>'''Statutory Citations.''' This section includes U.S. Code, Public Law, and Statutes-at-Large citations, including significant amendments.</big>
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==The Structure of the ''Sourcebook''==
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*<big>'''Lead Agency.''' This designation is a loose one, because a “lead” agency’s role may vary from informal consulting and data collection to issuance of binding regulations, from occasional technical guidance to regular oversight of specific activities. The Overview section usually elaborates on the lead agency’s role.</big>
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<big>Most chapters are structured as follows:</big>
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*<big>'''Overview.''' This section summarizes the content of the statute and its applicability. Any observations or conclusions represent only the judgment of the editors.</big>
 
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*<big>'''Bibliography.''' The lists presented are not intended to be exhaustive, though we have tried to include most major works and some other useful references in the Bibliography or accompanying Source Note.</big>  
 
  
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== Acknowledgements ==
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*<big>'''Statutory Citations.''' This section includes U.S. Code, Public Law, and Statutes-at-Large citations, including significant amendments.</big>
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William Funk and Jeffrey S. Lubbers served as the editors for several editions of the ''Sourcebook'', including the most recent fifth edition. This would not be possible without their hard work.  
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*<big>'''Lead Agency.''' This designation identifies agencies that oversee or administer a significant aspect of the statute. The Overview section usually elaborates on the lead agency’s role.</big>
 +
*<big>'''Overview.''' This section summarizes the content of the law and its applicability. Any observations or conclusions represent only the judgment of the editors.</big>
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*<big>'''Bibliography.''' The Bibliography includes major works and other useful references.</big>
  
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'''William Funk''' is the Lewis & Clark Distinguished Professor of Law at Lewis & Clark Law School, where he teaches Administrative Law and Constitutional Law. A graduate of Harvard College, 1967, and Columbia Law School, 1973, Professor Funk clerked for Judge James Oakes of the United States Court of Appeals for the Second Circuit. Thereafter, he was an attorney-adviser in the Office of Legal Counsel in the U.S. Department of Justice, a principal staff member of the Legislation Subcommittee of the Permanent Select Committee on Intelligence of the U.S. House of Representatives, and an Assistant General Counsel in the U.S. Department of Energy.  
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==About the ''Sourcebook''==
 +
===Federal Administrative Procedure Sourcebook===
 +
ACUS published the first edition of the ''Sourcebook'' in 1985. Since 2000, the Section of Administrative Law and Regulatory Practice has published subsequent editions. [https://law.lclark.edu/live/profiles/276-william-funk William Funk] and [https://www.wcl.american.edu/community/faculty/profile/lubbers/bio Jeffrey S. Lubbers] served as the editors for several editions of the ''Sourcebook'', including the most recent fifth edition in 2016. In 2018, ACUS and the Section announced a joint initiative to publish subsequent editions of the ''Sourcebook'', which led to the development of this continuously-updated electronic edition of the ''Sourcebook'' that is now free to the public.  
  
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Professor Funk has served as chair of both the American Bar Association’s Section of Administrative Law and Regulatory Practice and the Administrative Law Section of the Association of American Law Schools. He is currently the editor of ''Administrative Law Abstracts'' for the Social Science Research Network.
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===ACUS===
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[http://www.acus.gov ACUS] is an independent federal agency charged with convening expert representatives from the public and private sectors to recommend improvements to administrative process and procedure. ACUS initiatives promote efficiency, participation, transparency, and fairness in the promulgation of federal regulations and in the administration of federal programs.
  
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Professor Funk is a co-author of ''Administrative Procedure and Practice'', published by West Group, now in its fifth edition, and of ''Administrative Law: Examples and Explanations'', also in its fifth edition. In addition, he has published numerous articles on administrative law and is a frequent speaker on administrative law topics.
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===Section of Administrative Law and Regulatory Practice===
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The ABA [https://www.americanbar.org/groups/administrative_law/ Section of Administrative Law and Regulatory Practice] is a gathering place for lawyers who seek to explain and improve the functioning of administrative agencies. It provides support, training, and contacts relevant to cross-cutting issues of administrative procedure and regulatory policy.
  
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'''Jeffrey S. Lubbers''' has been Professor of Practice in Administrative Law at American University’s Washington College of Law since 2009, after being a Fellow in Law and Government since 1996. He has also taught at the University of Miami School of Law, Washington and Lee University School of Law, the Georgetown University Law Center, Melbourne University, Ritsumeikan University Law School in Japan (six summers), the University of Ottawa, and Australian National University. He has degrees from Cornell University and the University of Chicago Law School and is a member of the bars of the State of Maryland and the District of Columbia.
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===ACUS Staff Editors===
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[https://www.acus.gov/contacts/matthew-gluth Matthew Gluth]. 2021-
  
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Prior to joining American University, he served in various positions with the Administrative Conference of the United States (ACUS), the U.S. Government’s “permanent” advisory on procedural improvements in federal programs, until its closure by the 104th agency Congress in 1995. From 1982 to 1995 he was ACUS’s Research Director—a position in the Senior Executive Service. (ACUS reopened in 2010 and he was appointed a Special Counsel.) He also served as team leader for Vice President Gore’s National Performance Review team on Improving Regulatory Systems in 1993. He co-authored ACUS’s major 1992 study, ''The Federal Administrative Judiciary'', and was a contributing author of the first edition of the ''Guide to Federal Agency Rulemaking''. He recently authored an updated fifth edition of the latter ''Guide'', published by the American Bar Association in 2012. He served as editor for the ABA Section on Administrative Law and Regulatory Practice’s annual ''Developments in Administrative Law and Regulatory Practice'' volumes from 1998 to 2014 and has chaired the Administrative Law Section of the Association of American Law Schools.
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[https://www.acus.gov/contacts/danielle-schulkin Danielle Schulkin], 2020-2021
  
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Professor Lubbers has won several honors for his work in administrative law, including a Presidential Rank of Meritorious Executive, the Mary C. Lawton Award for Outstanding Government Service, the Chair’s Award for Outstanding Volunteer Service from the ABA Section on Administrative Law and Regulatory Practice, and the Walter Gellhorn Award from the Federal Bar Association.
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[https://www.acus.gov/contacts/jeremy-graboyes Jeremy Graboyes], 2019-2020
  
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== Note on the Administrative Conference and ACUS Materials. ==
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Frank Massaro, 2018-2019
  
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<big>[http://www.acus.gov ACUS] is an independent federal agency in the executive branch, established in 1968 to advise and assist regulatory agencies and the Congress on administrative law and procedure. ACUS’s activities were curtailed in October 1995 as a result of the decision of the Appropriations Committees of the 104th Congress to terminate funding for its operations, see the Symposium devoted to ACUS in 30 [http://arizonastatelawjournal.org/. Ariz. St. L.J.]</big> <big>1-204 (Spring 1998). However, ACUS was reauthorized and re-established in 2010, and its activities continue today.</big>
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==Contact==
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We welcome public input on the ''Sourcebook''. If you identify any errors or omissions or have questions regarding the ''Sourcebook'', please contact us at [mailto:sourcebook@acus.gov Sourcebook@acus.gov].
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<big>ACUS recommendations and the reports relating to them were published by the [https://www.gpo.gov/ Government Printing Office] in the ''Recommendations and Reports of the Administrative Conference'' series (cited as ACUS in the Bibliography (e.g., 2 ACUS 119 or 1980 ACUS 313)). This series appeared as four multi-year compilations from 1968 to 1977, and annually thereafter through 1995. The ACUS reports from 2010 to the present are available on ACUS’s website. Conference recommendations were, upon adoption, published in the ''[https://www.federalregister.gov/ Federal Register]'' and, until 1993, compiled annually in volume one of the ''Code of Federal Regulations''. Now they continue to be published in the ''Federal Register'' and are also available on the [https://www.acus.gov/recommendations ACUS website]. [https://www.acus.gov/publication/bibliography Bibliographies] of all ACUS’s published works are also available on the website.</big>
 

Latest revision as of 14:00, 1 June 2022

A joint publication by the Administrative Conference of the United States and the American Bar Association’s Section of Administrative Law and Regulatory Practice

The Federal Administrative Procedure Sourcebook (Sourcebook) is an annotated compilation of the key legal sources governing nearly every aspect of administrative procedure. It provides an overview of the major laws governing administrative procedure and offers access to statutory text, legislative history, agency regulations, guidance documents, law review articles, and other sources of relevant information.

The Administrative Conference of the United States (ACUS) maintains the Sourcebook as a continuously updated online resource, adding new resources as they become available. In so doing, it regularly consults with the ABA’s Section of Administrative Law and Regulatory Practice, whose designated editors (Professors William Funk and Jeffrey S. Lubbers) provide input regarding important updates and developments. ACUS also invites users to inform us of any errors and to recommend inclusion of other resources. You may do so by contacting ACUS at Sourcebook@acus.gov.

  1. Administrative Procedure Act
  2. Judicial Review of Agency Action
  3. Congressional Review of Agency Rulemaking
  4. Rulemaking Requirements from the Executive Office of the President
  5. Administrative Dispute Resolution Act
  6. Agency Practice Act
  7. Contract Disputes Act
  8. E-Government Act of 2002
  9. Equal Access to Justice Act
  10. Federal Advisory Committee Act
  11. Federal Register Act
  12. Freedom of Information Act
  13. Government in the Sunshine Act
  14. Government Performance and Results Act
  15. Information Quality Act
  16. National Environmental Policy Act
  17. Negotiated Rulemaking Act
  18. Paperwork Reduction Act
  19. Privacy Act
  20. Regulatory Flexibility Act
  21. Unfunded Mandates Reform Act

The Structure of the Sourcebook

Most chapters are structured as follows:

  • Statutory Citations. This section includes U.S. Code, Public Law, and Statutes-at-Large citations, including significant amendments.
  • Lead Agency. This designation identifies agencies that oversee or administer a significant aspect of the statute. The Overview section usually elaborates on the lead agency’s role.
  • Overview. This section summarizes the content of the law and its applicability. Any observations or conclusions represent only the judgment of the editors.
  • Bibliography. The Bibliography includes major works and other useful references.

About the Sourcebook

Federal Administrative Procedure Sourcebook

ACUS published the first edition of the Sourcebook in 1985. Since 2000, the Section of Administrative Law and Regulatory Practice has published subsequent editions. William Funk and Jeffrey S. Lubbers served as the editors for several editions of the Sourcebook, including the most recent fifth edition in 2016. In 2018, ACUS and the Section announced a joint initiative to publish subsequent editions of the Sourcebook, which led to the development of this continuously-updated electronic edition of the Sourcebook that is now free to the public.

ACUS

ACUS is an independent federal agency charged with convening expert representatives from the public and private sectors to recommend improvements to administrative process and procedure. ACUS initiatives promote efficiency, participation, transparency, and fairness in the promulgation of federal regulations and in the administration of federal programs.

Section of Administrative Law and Regulatory Practice

The ABA Section of Administrative Law and Regulatory Practice is a gathering place for lawyers who seek to explain and improve the functioning of administrative agencies. It provides support, training, and contacts relevant to cross-cutting issues of administrative procedure and regulatory policy.

ACUS Staff Editors

Matthew Gluth. 2021-

Danielle Schulkin, 2020-2021

Jeremy Graboyes, 2019-2020

Frank Massaro, 2018-2019

Contact

We welcome public input on the Sourcebook. If you identify any errors or omissions or have questions regarding the Sourcebook, please contact us at Sourcebook@acus.gov.

Retrieved from "https://sourcebook.acus.gov/index.php?title=Federal_Administrative_Procedure_Sourcebook&oldid=1586"