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.
Background Information: One of the biggest challenges in mass adjudication programs is the queue of pending deportation proceedings.
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.
This proposed statement highlights potential mechanisms for reducing the backlog of rules under review by the Office of Information and Regulatory Affairs (OIRA), including promoting enhanced coordination between OIRA and agencies prior to the submission of rules, encouraging the return of rules that require additional analysis, and ensuring that OIRA has adequate staffing to complete reviews in a timely manner.
Incorporation by reference allows agencies to fulfill their legal obligation to publish rules in the Code of Federal Regulations (CFR) by referring to standards or other materials that have been published elsewhere. For example, when an agency adopts a standard created by a private standard-setting organization as a mandatory regulation, it typically publishes the standard by incorporating it by reference into the CFR. ...
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. The recommendation urges Congress to...
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. The resulting recommendation identifies approaches that agencies can lawfully use to reduce costs and improve efficiency in e-Rulemaking.
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...