Third-Party Programs to Assess Regulatory Compliance

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Third-Party Programs to Assess Regulatory Compliance in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Implementation Contact
202.480.2093
dpritzker@acus.gov
Consultant
Lesley K. McAllister
Professor of Law
University of San Diego School of Law
Media
202.480.2091
mkindelan@acus.gov

Agencies in diverse areas of regulation are using or contemplating the use of private third parties to carry out inspections and verify that regulated entities are in conformity with standards and other requirements.  Moreover, Congress appears enthusiastic about third-party verification, having mandated or authorized its use in recent legislation. For example, see Title III of the Food Safety Modernization Act of 2011 (Pub. L 111-353).  Some agencies have used private inspectors to control quality, verify procurement preferences, and – to a very limited degree – enforce safety or economic regulations.  Recommendation 2012-7 addresses issues that arise when agencies develop programs in which third parties assess whether regulated entities are in compliance with regulatory standards and other requirements. In some areas of regulation, Congress has directed agencies to develop a third-party program; in others, regulatory agencies have developed programs under existing statutory authority. The recommendation sets forth guidance for federal agencies that are establishing, or considering establishing, such programs.

Final Recommendation

Recommendation 2012-7 addresses issues that arise when agencies develop programs in which third parties assess whether regulated entities are in compliance with regulatory standards and other requirements. In some areas of regulation, Congress has directed agencies to develop a third-party program; in others, regulatory agencies have developed programs under existing statutory authority. The recommendation sets forth guidance for...

Project Documents

Name Committee Type Date
Committee on Collaborative Governance Meeting Agenda Collaborative Governance Agenda September 20, 2012 Download
Committee on Collaborative Governance Meeting Minutes Collaborative Governance Meeting Minutes October 15, 2012 Download
Committee on Collaborative Governance Meeting Minutes Collaborative Governance Meeting Minutes September 20, 2012 Download
Comments Submitted by Kevin Robinson (OSHA) Collaborative Governance Public Comment October 12, 2012 Download
Supplementary Comments Submitted by Scott Rafferty Collaborative Governance Public Comment October 11, 2012 Download
Scott Rafferty Comments Collaborative Governance Public Comment October 8, 2012 Download
Comments Submitted by Gordon Gillerman (NIST), 9.20.12 Collaborative Governance Public Comment September 20, 2012 Download
Third-Party Programs Proposed Recommendation Recommendation December 6, 2012 Download
Agency Use of Third-Party Programs to Assess Regulatory Compliance Collaborative Governance Recommendation December 6, 2012 Download
Third-Party Programs Amendments for Plenary Collaborative Governance Recommendation December 6, 2012 Download
Third-Party Programs Revised Recommendation Collaborative Governance Recommendation October 5, 2012 Download
Draft Third-Party Recommendation Collaborative Governance Recommendation September 17, 2012 Download
Third-Party Programs Final Report Collaborative Governance Report October 22, 2012 Download
Third-Party Programs Revised Draft Report Collaborative Governance Report October 5, 2012 Download
Draft Report on Third-Party Programs to Assess Regulatory Compliance Collaborative Governance Report September 12, 2012 Download
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