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. The recommendation urges Congress to change the current...
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. The resulting recommendation identifies approaches that agencies can lawfully use to reduce costs and improve efficiency in e-Rulemaking.
Background: In the last three months of a presidential administration, rulemaking activity increases considerably when compared to the same period in a non-transition year.* Although part of this increase likely results from ordinary procrastination and external delays, scholars have suggested that administrations also use the “midnight” period more strategically. First, administrations are said to have reserved...
This study examined whether the text of the Paperwork Reduction Act (PRA), 44 U.S.C.
Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed.
At its Plenary Session on December 9-10, 2010, the Administrative Conference of the United States adopted Recommendation 2010-1, regarding agency procedures for determining whether to preempt state law. This recommendation is the result of the public, consensus-driven work of the Committee on Regulation of the Assembly of the Conference.
Judicial remand of an agency decision for further consideration while allowing the decision to remain in place is known as remand without vacatur. The technique has become a “familiar feature of administrative law practice.” This is especially true for the D.C.
Background: Agencies wishing to promulgate regulations face an array of procedural requirements. In addition to the basic notice-and-comment requirements of the Administrative Procedure Act, see 5 U.S.C.