Federal Administrative Procedure Sourcebook
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 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.
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.
Table of Contents
- Administrative Procedure Act
- Judicial Review of Agency Action
- Congressional Review of Agency Rulemaking
- White House Orders, Bulletins, and Memoranda
- Administrative Dispute Resolution Act
- Agency Practice Act
- Contract Disputes Act
- E-Government Act of 2002
- Equal Access to Justice Act
- Federal Advisory Committee Act
- Federal Register Act
- Federal Tort Claims Act
- Freedom of Information Act
- Government in the Sunshine Act
- Government Performance and Results Act
- Information Quality Act
- National Environmental Policy Act
- Negotiated Rulemaking Act
- Paperwork Reduction Act
- Privacy Act
- Regulatory Flexibility Act
- Unfunded Mandates Reform Act
Understanding the Structure of the Sourcebook
Though the Sourcebook’s organization is largely self-evident, a few preliminary comments may be valuable. These notes follow the format of most chapters:
- Statutory Citations. This section includes U.S. Code, Public Law, and Statutes-at-Large citations, including significant amendments.
- 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.
- Overview. This section summarizes the content of the statute and its applicability. Any observations or conclusions represent only the judgment of the editors.
- 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.
William Funk and Jeffrey S. Lubbers served as the editors for several editions of the Sourcebook, including the most recent fifth edition. This project would not be possible without their hard work.
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.
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.
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.
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.
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.
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.
Note on the Administrative Conference and ACUS Materials.
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 Ariz. St. L.J. 1-204 (Spring 1998). However, ACUS was reauthorized and re-established in 2010, and its activities continue today.
ACUS recommendations and the reports relating to them were published by the 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 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 ACUS website. Bibliographies of all ACUS’s published works are also available on the website.