Law: US Federal Regulations, Executive Orders, & Administrative/Executive Branch

The Executive branch is tasked with implementing legislation. The President heads the Executive Branch and holds the power to direct the activities of Federal Agencies within the bounds of the Constitution, the laws created by Congress, and the interpretations of the Courts.

Regulations are the rules developed by government agencies like the EPA or FDA to interpret and implement laws passed by Congress. Regulations are introduced in the Federal Register, which is published daily, and the public is given a set period of time to comment on the proposed regulations. The final version of the regulation is also published in the Federal Register and then codified (arranged by subject) in the Code of Federal Regulations. The final published regulation holds the force and effect of law.

Federal agencies are also typically charged with enforcing the rules they promulgate and may issue a variety of formal and informal materials, including guidance, guidelines, policy and procedures, points to consider, current thinking, opinions, rulings, memoranda, orders, directives, decisions, or arbitrations. Some guidance and guidelines may be published in the Federal Register for public comment, but the final version does not have to be published in the Federal Register and compliance is voluntary unless the guidance or guidelines are incorporated into a regulation or is term and condition of an agreement, such as grant funding. Several federal agencies also have the authority to impose penalties for violations of laws and regulations.

Because these standards are mainly for lawyers who are citing a particular point of law, for statutes and regulations, the best practice is to cite the codified (code) version of the law (e.g., the xx U.S.C. § xxx, xx C.F.R. § xxx, etc.) unless the law is too new to have been codified, distributed across so many codes, no longer valid, being discussed in the context of its passage, or is otherwise impractical to cite this way. For policy research, you are often citing bills or regulations that have been introduced but not passed/finalized/enacted/enrolled, or else you are citing the final version of the legislation or regulation but not the code.

Executive Orders are issued by the President and are used to direct the Executive Branch. Like regulations, Executive Orders are issued in relation to laws passed by Congress or based on powers granted to the President in the Constitution. They also have the effect of law. Presidential Directives are a specific form of Executive Order that state the Executive Branch's national security policy. Presidential Memoranda are used to manage the Executive Branch, but are less formal than Executive Orders.

Code of Federal Regulations (CFR)
The Code of Federal Regulations (CFR) is the annual codification of the regulations (general and permanent rules) published by Federal Agencies in the Federal Register. It is divided into titles that represent broad areas subject to Federal regulation. Each subject matter title contains one or more individual volumes, which are updated once each calendar year, on a staggered basis. Each title is divided into chapters, which reflect the name of the issuing agency. Each chapter is further subdivided into parts that cover specific regulatory areas, and large parts may be subdivided into subparts. All parts are organized in sections, and most citations to the CFR refer to material at the section level.

Because these standards are mainly for lawyers who are citing a particular point of law, for statutes and regulations, the best practice is to cite the codified (code) version of the law (e.g., the xx U.S.C. § xxx, xx C.F.R. § xxx, etc.) unless the law is too new to have been codified, distributed across so many codes, no longer valid, being discussed in the context of its passage, or is otherwise impractical to cite this way. For policy research, you are often citing bills or regulations that have been introduced but not passed/finalized/enacted/enrolled, or else you are citing the final version of the legislation or regulation but not the code.

Federal Register (FR)
Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.