I found this summary of what CFR's are - it may apply to what we are doing here (see DennisFAA's post below, with the TSP CFR's). As you can see, CFR's have the full force and effect of the law they are intended to implement. Further, proposed new CFR's must be published in the Federal Register, and include a public comment period, before they are finalized. Soooooo......I think the FRTIB may have exceeded their authority by effectively changing this CFR, without going through the proper process (and they clearly changed the CFR related to interfund transfers........the language is very clear that there shall be no limit on IFT's).
I think this is something we can use to our advantage. I am highlighting it in all of the letters I am sending out.
_____________________________________________________________
Code of Federal Regulations
Regulations are created and used by executive agencies to "clarify" the intent and scope of federal statutes, which an agency is charged with administrating or enforcing. Statutes are the actual laws passed by Congress; regulations are the "who, what, when, where, and how" involved in administrating and/or enforcing the statute.
Modern History
As the New Deal unfolded in the early 1930's and Congress began to increase both the number of agencies and the scope of the authority of those agencies, the agencies began promulgating voluminous regulations. There was no mechanism for publishing, codifying, accessing or updating these regulations. There was considerable confusion about which regulations were in effect at any given time. In several 1934 Supreme Court cases involving administrative law violations, difficulty in keeping abreast of the current body of administrative law became obvious. Neither the defendants nor the government correctly understood which regulations were currently in effect. In response, Congress passed the Federal Register Act (ch. 417, 49 Stat. 500 (1935)). The Act mandates the daily publication of the Federal Register, whose purpose is to serve as a central repository of the publication of all newly adopted rules and regulations. Furthermore, publication in this periodical is constructive notice to all who may be affected by a regulation.
Although the Federal Register was helpful in notifying the government and people of changes and additions to federal regulations, the regulations were still not codified. Congress amended the Federal Register Act in 1937 to require codification and subject access to the regulations through publication in the Code of Federal Regulations (CFR). The first CFR was published in 1939.
The purpose of the CFR was/is to provide a system of categorization whereby all the regulations promulgated [created] by a federal department or agency on a given subject can be located and tied to the corresponding statute. The CFR does an admirable job of providing that service.
As stated in the opening paragraph, regulations are intended to elaborate on the working details of a statute. It is beyond Congress' ability to be experts in every field concerning which it may be called upon to legislate. The US Supreme Court has referred to the text of Congressional legislation as "the broad language of the statute", which often times requires more detail to be properly placed into effect. These "details" are found in the "implementing regulations" promulgated by the agencies that must administrate and/or enforce a statute. Federal agencies are charged with faithful implementation and enforcement of the laws [statutes] through the regulations they promulgate. Although properly speaking, regulations are not law, rules and regulations have the full force and effect of the law.
[Editor's Note - It should be noted that federal statutes, as well as their associated regulations, only have force and effect upon those persons who are properly within federal jurisdiction, and has no force or effect upon anyone else. See the section, Federal Jurisdiction, within this website for more information on federal jurisdictional limitations.] In 1946 the Administrative Procedures Act (APA) was passed clarifying the process of making regulation, allowing for greater accessibility and participation by all citizens. The APA required the publication in the Federal Register of all proposed rule changes and a period for public comment. Proposed and final regulations that have general applicability and legal effect are required to be published in the Federal Register. The administrative regulation-making process requires that proposed regulations be published and that a comment period be provided. When the comment period closes, the agency may finalize the regulation. Once the regulation becomes final, it is published again in the Federal Register and then codified into the Code of Federal Regulations.
I think this is something we can use to our advantage. I am highlighting it in all of the letters I am sending out.
_____________________________________________________________
Code of Federal Regulations
Regulations are created and used by executive agencies to "clarify" the intent and scope of federal statutes, which an agency is charged with administrating or enforcing. Statutes are the actual laws passed by Congress; regulations are the "who, what, when, where, and how" involved in administrating and/or enforcing the statute.
Modern History
As the New Deal unfolded in the early 1930's and Congress began to increase both the number of agencies and the scope of the authority of those agencies, the agencies began promulgating voluminous regulations. There was no mechanism for publishing, codifying, accessing or updating these regulations. There was considerable confusion about which regulations were in effect at any given time. In several 1934 Supreme Court cases involving administrative law violations, difficulty in keeping abreast of the current body of administrative law became obvious. Neither the defendants nor the government correctly understood which regulations were currently in effect. In response, Congress passed the Federal Register Act (ch. 417, 49 Stat. 500 (1935)). The Act mandates the daily publication of the Federal Register, whose purpose is to serve as a central repository of the publication of all newly adopted rules and regulations. Furthermore, publication in this periodical is constructive notice to all who may be affected by a regulation.
Although the Federal Register was helpful in notifying the government and people of changes and additions to federal regulations, the regulations were still not codified. Congress amended the Federal Register Act in 1937 to require codification and subject access to the regulations through publication in the Code of Federal Regulations (CFR). The first CFR was published in 1939.
The purpose of the CFR was/is to provide a system of categorization whereby all the regulations promulgated [created] by a federal department or agency on a given subject can be located and tied to the corresponding statute. The CFR does an admirable job of providing that service.
As stated in the opening paragraph, regulations are intended to elaborate on the working details of a statute. It is beyond Congress' ability to be experts in every field concerning which it may be called upon to legislate. The US Supreme Court has referred to the text of Congressional legislation as "the broad language of the statute", which often times requires more detail to be properly placed into effect. These "details" are found in the "implementing regulations" promulgated by the agencies that must administrate and/or enforce a statute. Federal agencies are charged with faithful implementation and enforcement of the laws [statutes] through the regulations they promulgate. Although properly speaking, regulations are not law, rules and regulations have the full force and effect of the law.
[Editor's Note - It should be noted that federal statutes, as well as their associated regulations, only have force and effect upon those persons who are properly within federal jurisdiction, and has no force or effect upon anyone else. See the section, Federal Jurisdiction, within this website for more information on federal jurisdictional limitations.] In 1946 the Administrative Procedures Act (APA) was passed clarifying the process of making regulation, allowing for greater accessibility and participation by all citizens. The APA required the publication in the Federal Register of all proposed rule changes and a period for public comment. Proposed and final regulations that have general applicability and legal effect are required to be published in the Federal Register. The administrative regulation-making process requires that proposed regulations be published and that a comment period be provided. When the comment period closes, the agency may finalize the regulation. Once the regulation becomes final, it is published again in the Federal Register and then codified into the Code of Federal Regulations.
