United States administrative law United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two fi ...

, an organic statute is a

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

enacted by

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

that creates an

administrative agency A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administratio ...

and defines its authorities and responsibilities. Organic statutes may also impose administrative procedures on an agency that differ from the Administrative Procedure Act. Any modifications to an agency’s statutory powers beyond those included in the organic statute are added by Congress in subsequent enabling statutes.

Examples of Organic Statutes

Organic statutes include (non-exhaustive list): *An Act to Provide for Surveying Coasts of the United States of Feb, 10, 1807, authorizing the president to create the Survey of the Coasts (

National Ocean Service The National Ocean Service (NOS) is an office within the U.S. Department of Commerce National Oceanic and Atmospheric Administration (NOAA). It is responsible for preserving and enhancing the nation's coastal resources and ecosystems along the of ...

) *

Interstate Commerce Act The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just," but did not empower ...

of 1887, creating the

Interstate Commerce Commission The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminat ...

Federal Trade Commission Act The Federal Trade Commission Act of 1914 was a United States federal law which established the Federal Trade Commission. The Act was signed into law by US President Woodrow Wilson in 1914 and outlaws unfair methods of competition and unfair acts ...

of 1914, creating the

Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...

Communications Act of 1934 The Communications Act of 1934 is a United States federal law signed by President Franklin D. Roosevelt on June 19, 1934 and codified as Chapter 5 of Title 47 of the United States Code, et seq. The Act replaced the Federal Radio Commission with ...

, creating the

Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction ...

* National Security Act of 1946, creating the

National Security Council A national security council (NSC) is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security. An NSC is often headed by a na ...

Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...

, and

National Security Resources Board The National Security Resources Board was a United States government agency created by the National Security Act of 1947 whose purpose was to advise the President, in times of war, on how to mobilize natural resources, manpower, and the scientific e ...

National Aeronautics and Space Act The National Aeronautics and Space Act of 1958 () is the United States federal statute that created the National Aeronautics and Space Administration (NASA). The Act, which followed close on the heels of the Soviet Union's launch of Sputnik, was ...

of 1958, creating the

National Aeronautics and Space Administration The National Aeronautics and Space Administration (NASA ) is an independent agency of the US federal government responsible for the civil space program, aeronautics research, and space research. NASA was established in 1958, succeeding th ...

* Federal Aviation Act of 1958, creating the

Federal Aviation Administration The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic m ...

Postal Accountability and Enhancement Act The Postal Accountability and Enhancement Act (PAEA) is a United States federal statute enacted by the 109th United States Congress and signed into law by President George W. Bush on December 20, 2006. The bill was introduced in the United State ...

of 2006, creating the

Postal Regulatory Commission The United States Postal Regulatory Commission (or PRC), formerly called the Postal Rate Commission, is an independent regulatory agency created by the Postal Reorganization Act of 1970. Like the Postal Service, it was defined in law as an indepe ...

Not all administrative agencies have an organic statute, as they may be created by executive rather than congressional action. Forty percent of agencies created since 1946 (including the

National Security Agency The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collecti ...

Peace Corps The Peace Corps is an independent agency and program of the United States government that trains and deploys volunteers to provide international development assistance. It was established in March 1961 by an executive order of President John F. ...

, and

Bureau of Alcohol, Tobacco, and Firearms The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preven ...

) have been formed by executive action rather than an organic statute.

Challenges to Agency Interpretations of Organic Statutes

Because agencies require statutory authorization to act, many disputes in

hinge on interpretations of an organic statute. For example, the Occupational Safety and Health Administration (OSHA) justified implementation of its COVID-19 vaccine mandate86 Fed. Reg. 61,402 under OSHA’s organic statute, the

Occupational Safety and Health Act The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by P ...

. OSHA issued a regulation interpreting its organic statute to both authorize and compel a vaccine or test order to protect workers from COVID-19 in the workplace. Ordinarily, agency interpretations of statutes they administer are entitled to ''Chevron'' deference by reviewing courts. Nonetheless, the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

invoked the major questions doctrine to deny agency deference and reject OSHA’s interpretation of the Occupational Safety and Health Act in '' National Federation of Independent Business v. Occupational Safety and Health Administration.''Nat’l Fed’n Inde. Bus v. Dep’t Lab. Occupational Safety & Health Admin., 595 U.S. __, 142 S. Ct. 661 (2022)

References

United States administrative law {{US-law-stub

Examples of Organic Statutes

Challenges to Agency Interpretations of Organic Statutes

See also

References