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Written Laws

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Then Codified in Code of Federal Regulations CFR. Difference between CFR and USC ... connection between US Code and regulations ... – PowerPoint PPT presentation

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Title: Written Laws


1
Written Laws
  • Statues and Regulations

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Statues
  • Power from Constitution
  • Article I, Section 1
  • All legislative powers herein granted shall be
    vested in a Congress of the United States which
    shall consist of a House and Senate.
  • US Code
  • Laws

5
Administrative Laws Regulations
  • Rule making
  • Published first in Federal Register
  • Then Codified in Code of Federal Regulations CFR
  • Difference between CFR and USC
  • USGS guide to Federal laws and regulations

6
Steps in Legislative Process
  • See Maryland state handout
  • Federal overview at THOMAS http//thomas.loc.gov/
    home/lawsmade.toc.html
  • Bill
  • Introduced by member could be written by
    lobbyists
  • Sent to committee
  • Hearings
  • Marked up
  • Voted on in committee
  • Congressional Quarterly
  • Congressional Record http//thomas.loc.gov/

7
  • If out of committee
  • Possible amendments
  • Different versions from House and Senate
  • Senate-House Conference Committee
  • Both houses must vote affirmative
  • To President
  • Sign
  • Veto 2/3 to override
  • Pocket veto
  • Becomes law after 10 days of no action if
    Congress is still in session
  • Ben guide from GPO

8
Slip Laws
  • The first official publication of the statute is
    in the form generally known as the "slip law". In
    this form, each law is published separately as an
    unbound pamphlet.

9
Slip Law
Page number
Volume number
Bill number in sequence
Session of Congress
Where in the code it will be placed
10
Statutes at Large
  • The United States Statutes at Large, prepared by
    the Office of the Federal Register, National
    Archives and Records Administration, provide a
    permanent collection of the laws of each session
    of Congress in bound volumes. The latest volume
    containing the laws of the first session of the
    105th Congress is number 111 in the series. Each
    volume contains a complete index and a table of
    contents. A legislative history appears at the
    end of each law. There are extensive marginal
    notes referring to laws in earlier volumes and to
    earlier and later matters in the same volume.
  • Under the provisions of a statute originally
    enacted in 1895, these volumes are legal evidence
    of the laws contained in them and will be
    accepted as proof of those laws in any court in
    the United States.
  • The Statutes at Large are a chronological
    arrangement of the laws exactly as they have been
    enacted. There is no attempt to arrange the laws
    according to their subject matter or to show the
    present status of an earlier law that has been
    amended on one or more occasions. The code of
    laws serves that purpose.

11
Page number
Volume number
Session of Congress
Bill number
Official name
12
United States Code USC
  • contains a consolidation and codification of the
    general and permanent laws of the United States
    arranged according to subject matter under 50
    title headings.
  • It sets out the current status of the laws, as
    amended, without repeating all the language of
    the amendatory acts except where necessary.
  • Its purpose is to present the laws in a concise
    and usable form without requiring recourse to the
    many volumes of the Statutes at Large containing
    the individual amendments.

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U.S. Code Titles
  • 50 titles organized by topic
  • Organization
  • Title
  • Section
  • 14 USC 1225
  • Popular Names
  • Cornell U.S. Code Site
  • Title 16 Conservation

15
Start on Environmental Statues and USC Laws
  • Cornell home page
  • Property and Environment
  • Clean Water Act
  • Statue find in Notes
  • Parallel authorities
  • connection between US Code and regulations
  • each regulation must be based on Statute passed
    by Congress
  • CFR (regulations from Agencies)
  • How to cite section on permit for dredge and fill
    into wetlands

16
Statue
  • Page with section 404
  • Where is section 404 in the USC?
  • Parallel authorities

17
Administrative Laws Regulations
  • Rule making
  • Published first in Federal Register
  • Then Codified in Code of Federal Regulations CFR
  • Difference between CFR and USC

18
CFR
  • Organization by issuing agency
  • Codified regulations
  • Regulations start from agency
  • Printed in Federal Register
  • Contains notices, rules, EIS status, etc from
    Federal agencies
  • Then codified in CFR

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Content page example
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Federal Register
  • GPO access
  • Current issue
  • Back issues
  • HTML linked to page
  • Go to page and then browse
  • EPA
  • Federal Register - Environmental Documents Full
    text of all Federal Register documents issued by
    EPA, and of selected documents issued by other
    Departments and Agencies. Notices, meetings,
    proposed rules, and regulations are divided into
    twelve topical categories for easy access (eg.
    air, water, pesticides, toxics, waste).

28
CFR
  • CRF from GPO access
  • Show
  • PARALLEL TABLE OF AUTHORITIES AND RULES
  • Browse CFR

29
Sites for starting looking for possible laws of
interest
  • FedLaw
  • USGS guide to Environmental laws
  • Federal Laws

30
Assignment
  • Pick a bill that has been submitted in the House
    or Senate (Or change in rules (check NRDC site
    for rules currently being changed))
  • From Thomas find out current status
  • From google search find pro and con on the piece
    of legislation
  • Write letter or e-mail in support or against the
    bill to your Senator or Representative
  • Suggestions on writing

31
Comment on proposed rule
  • Find notice in Federal Register, give date page,
    title of notice
  • Provide cover sheet with information from Federal
    register
  • And
  • Copy of letter sent
  • Example look at Sierra Club and NRDC for road
    less rule changes then visit GPO Federal Register
    or EPA Federal Register page

32
Example current energy bill
  • THOMAS U.S. Congress

33
Example energy bill
  • Conference committee members and staff continue
    working to resolve differences between the House
    and Senate versions of the comprehensive energy
    bill (H.R. 6, S. 14). Environmentalists oppose
    both versions of the bill because they would fail
    to reduce dependence on foreign oil, open fragile
    lands to oil and gas drilling, raise nuclear
    proliferation risks, threaten drinking water
    safety, and provide billions to polluting
    industries while lacking significant energy
    efficiency and renewable energy incentives.
    Republicans control the conference committee and
    Democrats have publicly complained of being shut
    out of the conference process. Conference
    Republicans have begun releasing portions of the
    bill, including sections that would allow
    offshore oil and gas surveys and drilling in the
    Arctic National Wildlife Refuge. In some cases,
    the sections include measures that were not in
    either the original House or Senate versions of
    the bill, such as subsidies for the coal
    industry. On 10/17, Rep. Barton (R-TX) added
    language to the conference report that would
    delay the deadline for large cities to meet air
    quality standards for ozone as required by the
    Clean Air Act. On 10/16, the House voted 229-182
    to instruct energy bill conferees to leave out
    language that was added in conference requiring
    damaging offshore oil and gas exploration. Sen.
    Domenici (R-NM), Energy and Natural Resources
    Committee chair, hopes to hold a vote on the
    final energy bill conference report before the
    end of October. Senate Democrats have stated that
    the addition of the Arctic drilling language will
    draw intense opposition, including a possible
    filibuster.

NRDC
Google search for
comprehensive energy bill
34
Sites for Current legislation and regulations
  • NRDC
  • Sierra Club
  • National Wildlife Federation
  • Environmental Defense Fund
  • Defenders of Wildlife
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