This recommendation, which reaffirms and builds upon Recommendation 77-3, identifies procedures and best practices for managing written and oral communications that may occur between an agency and interested persons, often referred to as “ex parte” communications, regarding the substance of an anticipated or ongoing informal rulemaking proceeding, which are not placed in the docket at the time they occur.
At its Plenary Session on June 13-14, 2013, the Administrative Conference of the United States adopted Recommendation 2013-4, concerning the Administrative Record in Informal Rulemaking.
This project examined how agencies use internet-based technologies, particularly their websites, to support rulemaking activities and improve access to e-rulemaking portals. It sought to identify useful innovations and best practices that could be spread to other agencies.
Background Information: Though independent regulatory agencies are not subject to the benefit-cost analysis requirements of Executive Orders 12866 and 13563, several such agencies undertake benefit-cost analysis in connection with their regulatory activities.
The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules. 5 U.S.C.
The Federal Advisory Committee Act ("FACA"), 5 U.S.C. App. 2, §§ 1-16, restricts the creation and use of advisory committees by federal agencies. An advisory committee is any committee or similar group, which does not consist solely of federal officers or employees, and which is established by statute, by the President, or by a federal agency to advise the President or a federal agency or officer.
Federal employees and contractor employees are subject to widely disparate ethics regimes.
This proposed recommendation highlights a set of best practices designed to enhance transparency of decisionmaking at multi-member boards and commissions subject to the Government in the Sunshine Act.
This proposed recommendation examines perceived and real constraints to cross-agency collaboration under the Government Performance and Results Act (GPRA) Modernization Act and highlights tools available to help agencies collaborate. It offers guidance to help increase transparency, improve information sharing, and facilitate better agency reporting under the Act. The recommendation is also aimed at enhancing the role of...
This recommendation identifies a set of best practices for agencies to follow when providing guidance in preambles to final rules. It addresses a number of issues regarding agencies’ current practices by suggesting ways to improve the drafting and presentation of preambles to final rules.