The Administrative Record in Informal Rulemaking project addressed agency recordkeeping in the limited context of informal rulemaking. The recommendation was developed by the Committee on Judicial review based on an empirical study of agencies’ current practices, supported by a questionnaire and a review of existing agency guidance and policies.
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.
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 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.
This proposed recommendation examines perceived and real constraints to cross-agency collaboration under the Government Performance and Results Act (GPRA) Modernization Act and highlights tools available to help agencies collaborate. It offers guidance to help increase transparency, improve information sharing, and facilitate better agency reporting under the Act. The recommendation is also aimed at enhancing the role of agency attorneys...
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.
This proposed statement highlights potential mechanisms for reducing the backlog of rules under review by the Office of Information and Regulatory Affairs (OIRA), including promoting enhanced coordination between OIRA and agencies prior to the submission of rules, encouraging the return of rules that require additional analysis, and ensuring that OIRA has adequate staffing to complete reviews in a timely manner.