Traditionally, the notice-and-comment rulemaking process required by 5 U.S.C. § 553 was conducted on paper: the government issued a paper notice and the public submitted paper comments.
The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules. 5 U.S.C.
The Federal Advisory Committee Act ("FACA"), 5 U.S.C. App. 2, §§ 1-16, restricts the creation and use of advisory committees by federal agencies. An advisory committee is any committee or similar group, which does not consist solely of federal officers or employees, and which is established by statute, by the President, or by a federal agency to advise the President or a federal agency or officer.
Federal employees and contractor employees are subject to widely disparate ethics regimes.
Background Information: One of the biggest challenges in mass adjudication programs is the queue of pending deportation proceedings.
The recent joint rulemaking between EPA and NHTSA on greenhouse gas emissions/auto fuel economy has shown the potential for joint rulemaking among agencies with overlapping regulatory responsibilities. But it has also produced logistical and legal challenges. Joint rulemaking is one of many tools that Congress, the President and the agencies have to manage regulatory coordination effectively.
Incorporation by reference allows agencies to fulfill their legal obligation to publish rules in the Code of Federal Regulations (CFR) by referring to standards or other materials that have been published elsewhere. For example, when an agency adopts a standard created by a private standard-setting organization as a mandatory regulation, it typically publishes the standard by incorporating it by reference into the CFR. Such incorporation by...
Recommendation 2012-8, “Inflation Adjustment Act,” addresses agency adjustments to civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act, codified as amended at 28 U.S.C. 2461 note.
In 1991, ACUS issued Recommendation 91-1, which provided guidance for all U.S. regulatory agencies on working with their international counterparts. In April 2011, ACUS co-sponsored a workshop with the U.S.
This study focused on the many legal issues that arise in e-Rulemaking, including how agencies may use software to determine that submitted comments are identical or nearly identical, and whether agencies can (and should) destroy paper copies of comments scanned to electronic form. Such innovations should reduce costs and improve efficiency.