The proposed recommendation The Administrative Record in Informal Rulemaking addresses agency recordkeeping in the limited context of informal rulemaking. The recommendation identifies the essential components of 1) agencies’ rulemaking records maintained internally, 2) their public rulemaking dockets, and 3) administrative records for judicial review. Based on an empirical study of agencies’ current practices, supported by a...
Background Information: Though independent regulatory agencies are not subject to the benefit-cost analysis requirements of Executive Orders 12866 and 13563, several such agencies undertake benefit-cost analysis in connection with their regulatory activities. For instance, the Federal Communications Commission and the Securities and Exchange Commission regularly conduct benefit-cost analysis in their rulemakings.
The Government in the Sunshine Act, 5 U.S.C. § 552b, generally requires multi-member federal agencies (e.g., FCC, SEC) to hold their meetings in public and to give advance public notice of their meetings. The goal of the Sunshine Act is to promote public access to information about the decision-making processes of the federal government and to improve those processes by exposing them to public view.
The Administrative Conference is undertaking a study of the GPRA Modernization Act.
Background Information: One of the Conference’s most important prior achievements was its role in encouraging federal agencies to make use of alternative dispute resolution (“ADR”). The Conference played a key role in the enactment of the Administrative Dispute Resolution Act and the Negotiated Rulemaking Act.* The Conference also issued publications and conducted seminars and training sessions to promote ADR.
Background Information: Science plays a crucial role in the administrative process, but a role that has become controversial.
Background: Social media, including Facebook, Twitter, blogs, and other similar technologies, present new opportunities for agencies to engage the public in rulemaking activities. Such social media tools are uniquely valuable because they facilitate two-way communication.
Background: The Social Security Administration (SSA) administers the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. Under these programs, the process for determining whether a claimant is disabled has several steps.