Improving Coordination of Related Agency Responsibilities

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Improving Coordination of Related Agency Responsibilities 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
Committee Chair
Miriam M. Nisbet
Office of Government Information Services Director
Consultant
Archibald Cox Professor of Law
Harvard Law School
Consultant
Jim Rossi
Professor of Law
Vanderbilt University Law School
Media
202.480.2091
mkindelan@acus.gov

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. See, for example, memoranda of understanding, interagency working groups, consultation requirements, etc. This project is studying agency experience with joint rulemaking and other mechanisms for collaboration and coordination in areas of overlapping and fragmented delegations of agency responsibilities.  To make clear that the scope of the project is not limited to areas of redundancy or literal duplication of authority, the term “shared regulatory space” has been used in the report to the Conference.  This term encompasses situations in which agencies share closely related responsibilities for different aspects of a larger regulatory, programmatic or management enterprise.  The aim of the project is to identify lessons learned and best practices for collaboration and coordination among regulatory agencies.

Final Recommendation

Recommendation 2012-5 addresses the problem of overlapping and fragmented procedures associated with assigning multiple agencies similar or related functions, or dividing authority among agencies. The recommendation proposes some reforms aimed at improving coordination of agency policymaking, including joint rulemaking, interagency agreements, agency consultation provisions, and tracking and evaluating the...

Implementation

At its 56th Plenary Session on June 14-15, 2012, the Administrative Conference adopted Recommendation 2012-5, Improving Coordination of Related Agency Responsibility. The recommendation addresses the problem of overlapping and fragmented procedures associated with assigning multiple agencies similar or related functions, or dividing authority among agencies.  This recommendation proposes some reforms aimed at improving coordination of agency policymaking, including joint rulemaking, interagency agreements, and agency consultation provisions.

Project Documents

Namesort descending Committee Type Date
Committee on Collaborative Governance Meeting Minutes Collaborative Governance Meeting Minutes March 27, 2012 Download
Consultants' Report: Improving Coordination of Related Agency Responsibilities Collaborative Governance Report May 30, 2012 Download
Department of Homeland Security Comments on Draft Recommendation 5-2-2012 Collaborative Governance Public Comment May 2, 2012 Download
Department of Homeland Security Comments on Draft Report 5-2-2012 Collaborative Governance Public Comment December 30, 2012 Download
Department of Homeland Security Proposed Amendments to Proposed Recommendation 6-5-2012 Collaborative Governance Public Comment June 5, 2012 Download
Department of the Treasury Comments on Draft Recommendation 4-26-2012 Collaborative Governance Public Comment April 26, 2012 Download
Draft Recommendation (3-26-2012): Joint Rulemaking and Other Means of Agency Policy Coordination Collaborative Governance Recommendation March 26, 2012 Download
Draft Report: Improving Agency Coordination Through Joint Rulemaking and Other Mechanisms Collaborative Governance Report March 4, 2012 Download
Improving Agency Coordination in Shared Regulatory Space Draft Recommendation for Comment Collaborative Governance Recommendation April 10, 2012 Download
Improving Coordination of Related Agency Responsibilities Collaborative Governance Recommendation June 15, 2012 Download
NYU Institute for Policy Integrity Comments Collaborative Governance, Regulation Public Comment June 13, 2012 Download
NYU Institute for Policy Integrity Comments (Letter to OIRA) 5-11-2012 Collaborative Governance Public Comment May 11, 2012 Download
NYU Institute for Policy Integrity Comments 5-8-2012 Collaborative Governance Public Comment May 8, 2012 Download
Proposed Recommendation: Improving Coordination of Related Agency Responsibilities Collaborative Governance Recommendation May 21, 2012 Download
Redlined Recommendation Containing Amendments and Comments: Improving Agency Coordination Redline Collaborative Governance Recommendation June 14, 2012 Download
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