Congress (Past Projects)

Tag cloud

Hide tags

Committee:

The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules.  5 U.S.C. §§ 801-08.  Under the CRA, agencies must submit rules to both houses of Congress and to the Government Accountability Office prior to their taking effect, and major rules (such as those for which the economic impact exceeds $100 million) are delayed for 60 days to permit Congressional...

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....

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.

Committee:

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,...

Committee:

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...

Committee:

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. The Conference previously posted drafts of the report...