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.
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 project examined 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.
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.
Agencies conduct most rulemaking proceedings via the process of “notice and comment.” Under this process, an agency publishes notice of a proposed rule in the Federal Register, gives the public a period of time in which to comment, and then issues a final rule after considering the comments received. See 5 U.S.C. § 553.
Background Information: Science plays a crucial role in the administrative process, but a role that has become controversial.
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.