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  1. Projects

    User Fees

    … User Fees , 89 Fed. Reg. 1516 (Jan. 10, 2024). Contacts: Implementation Contact Eyal Lurie-Pardes Committee: Committee on Regulation Featured Documents: User Fees (Final Report) Download User Fees (Final Report) User Fees Download User Fees Final … Recommendation number 2023-8 Adoption Date Thu, 12/14/2023 - 12:00 Committees Committee on Regulation …
  2. Projects

    Rulemaking Comments

    … (Aug. 9, 2011).   Contacts: Implementation Contact Kazia Nowacki 202.480.2093 | knowacki@acus.gov Committee: Committee on Regulation Featured Documents: Rulemaking Comments Report and Supplemental Research Download Rulemaking Comments Report and … 2011-2 (Rulemaking Comments).pdf Recommendation number 2011-2 Adoption Date Thu, 06/16/2011 - 12:00 Committees Committee on Regulation …
  3. Document

    Retrospective Review of Agency Rules

    … Retrospective Review of Agency Rules Type Recommendation Publication Date December 9, 2014 Committees Committee on Regulation Executive Summary The following recommendation is intended to provide a framework for cultivating a “culture of retrospective review” within regulatory agencies.  It urges agencies to remain mindful of their existing body of regulations and the ever-present possibility that those regulations may need to be modified, strengthened, or eliminated in order to achieve statutory goals while minimizing …
  4. Basic page

    Legislative Updates

    … Act of 1969, and for other purposes (H. Rept. 118–722). [11/1/24] EXECUTIVE COMMUNICATIONS: EC–5935. A letter from the Regulations Coordinator, Centers for Medicare and Medicaid Services, Department of Health and Human Services, transmitting … Works. [Sen. Braun (R-IN); 9/25/24] S. 5243 . A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of cannabis and cannabinoid products, and for other purposes; to the Committee on Health, Education, Labor, and … with respect to the effect of membership and participation in covered international organizations on the statutes, regulations, and guidance applicable to companies in the United States, and for other purposes; to the Committee on …
  5. Event

    April 2, 2013 Committee Meeting

    … Projects: Science in the Administrative Process Benefit-Cost Analysis at Independent Regulatory Agencies The Committee on Regulation will meet to discuss draft recommendations in the Science in the Administrative Process and Benefit-Cost Analysis … Meeting Adenda Redline of Draft Science Recommendation Download Redline of Draft Science Recommendation Committee on Regulation Meeting Minutes Download Committee on Regulation Meeting Minutes NOAA Comment Download NOAA Comment NIST Comment Download NIST Comment CPSC Commissioner Nord's …
  6. Event

    October 4, 2017 Committee Meeting

    … United States 1120 20th St, NW, Suite 706 South Washington, D.C. 20036 Projects: Plain Language in Regulatory Drafting   Regulation Committee Meeting Video Related Documents: October 4, 2017 Committee on Regulation Meeting Agenda Download October 4, 2017 Committee on Regulation Meeting Agenda Plain Language in Regulatory Drafting - Draft Recommendation Download Plain Language in Regulatory …
  7. Event

    September 13, 2017 Committee Meeting

    … United States 1120 20th St, NW, Suite 706 South Washington, D.C. 20036 Projects: Plain Language in Regulatory Drafting   Regulation Committee Meeting Video Related Documents: Plain Language in Regulatory Drafting - Draft Report Download Plain Language in Regulatory Drafting - Draft Report September 13, 2017 Committee on Regulation Meeting Agenda Download September 13, 2017 Committee on Regulation Meeting Agenda Contacts: Attorney Advisor Research Fellow Research Chief Reeve T. Bull Research Projects: …
  8. Projects

    Tables of Executive Order Requirements

    … Notice. Agencies subject to the APA must provide at least a 75-day comment period for “any proposed Federal technical regulation or any Federal sanitary or phytosanitary measure of general application.” Exceptions 1. NAFTA Implementation. Regulations ensuring that the NAFTA Implementation Act is appropriately implemented on the date NAFTA enters into force (pursuant to 19 U.S.C. §3314(a)). 2. Perishable Goods. Technical regulations relating to perishable goods. 3. Urgent Safety or Protection Rules. Technical regulations addressing an “urgent …
  9. Document

    Benefit-Cost Analysis at Independent Regulatory Agencies

    … Analysis at Independent Regulatory Agencies Type Recommendation Publication Date June 13, 2013 Committees Committee on Regulation Benefit-cost analysis (also known as cost-benefit analysis) is one of the primary tools used in regulatory … requires Cabinet departments and other covered executive agencies to “assess both the costs and benefits of the intended regulation and, recognizing that some costs and benefits are difficult to quantify, propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs.” [7]   It also …
  10. Document

    Hybrid Rulemaking Procedures of the Federal Trade Commission

    … effective January 5, 1975, provides authority and procedures for the Federal Trade Commission’s promulgation of “trade regulation rules.” The statute requires the Commission to engage in “hybrid” rulemaking, a style which adds to the … or deceptive acts or practices. It used its authority under Federal Trade Commission Act section 6(g) “to make rules and regulations for the purpose of carrying out the provisions of this Act” only to issue interpretive rules and general … within the meaning of section 5. Between 1963 and passage of the Magnuson-Moss Act the Commission conducted 35 trade regulation rulemaking proceedings under section 6(g), using the informal notice and comment procedures of the Administrative …
  11. Document

    Incorporation by Reference

    … agencies to comply with the requirement of publishing rules in the Federal Register to be codified in the Code of Federal Regulations (CFR) by referring to material published elsewhere. [1]  The practice is first and foremost intended to—and in … materials incorporated by reference are reasonably available to regulated and other interested parties; (2) updating regulations that incorporate by reference; and (3) navigating procedural requirements and resolving drafting difficulties … is some ambiguity in current law regarding the continuing scope of copyright protection for materials incorporated into regulations, [3]  as well as the question of what uses of such materials might constitute “fair use” under section 107 of …
  12. Document

    Application and Modification of Exemption 8 of the Freedom of Information Act

    … Exemption 8 of the Freedom of Information Act Type Recommendation Publication Date January 19, 1995 Committees Committee on Regulation For the project report click here: https://www.acus.gov/report/project-report-recommendation-95-1   Background … the agency to protect from disclosure certain types of information. Exemption 8 permits agencies responsible for the regulation or supervision of financial institutions to protect from disclosure matters contained in or related to … in the last decade and the number of such institutions that have failed makes availability of information relating to the regulation of that segment of the economy of particular interest. A substantial amount of taxpayer money has been spent to …
  13. Article

    Regulators' Budget Increases Consistent with Growth in Fiscal Budget

    … Center on the Economy, Government and Public Policy at Washington University in St. Louis estimate the on-budget costs of regulation by examining the portion of the Budget of the United States devoted to developing and enforcing federal regulations. Our time-series data go back to 1960, and offer insights into the growth and changing composition of regulation over the last five-and-a-half decades. This year’s “regulators’ budget” presents the President’s requested budget …
  14. Article

    Understanding and Addressing Controversies About Agency Guidance

    … found here , and the Regulatory Review's entire series may be found here . For individuals and firms who live under federal regulation, actual regulations are just the beginning of the story. Despite being voluminous and complex, regulations leave many matters open to interpretation, and they leave agency officials with discretion over implementation …
  15. Document

    Regulatory Waivers and Exemptions

    … and entities regulated by federal agencies must adhere to program-specific requirements prescribed by statute or regulation.  Sometimes, however, agencies prospectively excuse individuals or entities from statutory or regulatory … also intersect with other principles of administrative law.  When agencies frequently issue waivers or exemptions because a regulation is outdated or ineffective, for example, amending or rescinding the regulation may be more appropriate in some circumstances, despite the necessary resource costs. [5]   Such revisions can …
  17. Document

    Procedures for Negotiating Proposed Regulations

    … Procedures for Negotiating Proposed Regulations Type Recommendation Publication Date June 18, 1982 For the project report click here:  https://www.acus.gov/report/project-report-recommendation-82-4   The complexity of government regulation has increased greatly compared to that which existed when the Administrative Procedure Act was enacted, and this … negotiation, as described in this recommendation, as a means of drafting for agency consideration the text of a proposed regulation. A proposal to establish a regulatory negotiating group could be made either by the agency (for example, in an …
  18. Document

    The Use of Audited Self-Regulation as a Regulatory Technique

    … The Use of Audited Self-Regulation as a Regulatory Technique Type Recommendation Publication Date June 16, 1994 For the project report click here:  https://www.acus.gov/report/project-report-recommendation-94-1   Audited self-regulation is defined as congressional or agency delegation of power to a private self-regulatory organization to implement and enforce laws or agency regulations with respect to the regulated entities, with powers of independent action and review retained by the agency. …
  19. Event

    Retrospective Review Workshop

    … Slides Download Aldy Presentation Slides Eisner Presentation Slides Download Eisner Presentation Slides EU Better Regulation Agenda Announcement Download EU Better Regulation Agenda Announcement EU Better Regulation Agenda FAQ Download EU Better Regulation Agenda FAQ Contacts: Attorney Advisor Reeve T. Bull Attorney Advisor …
  20. Document

    Agency Economists

    … Agency Economists Type Recommendation Publication Date December 27, 2019 Committees Committee on Regulation Federal regulatory agencies are subject to various requirements to conduct economic analysis when they prepare new regulations. Executive Order 12,866 [1] requires that agencies (other than what it designates as “independent regulatory … agencies”) [2] conduct a “regulatory impact analysis” (RIA) for their “significant regulatory actions,” which include regulations likely to have an annual economic impact exceeding $100 million. [3] The RIAs that accompany these regulations …