Regulation (Documents)

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Recommendation 2011-5, “Incorporation by Reference,” addresses legal and policy issues related to agencies' incorporation by reference in the Code of Federal Regulations of standards or other materials that have been published elsewhere. Agencies have promulgated thousands of regulations that incorporate by reference standards published elsewhere. The practice raises common...

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...

These slides provide a comprehensive overview of the issues addressed in Recommendation 2011-5, Incorporation by Reference.  It was prepared for a webinar sponsored by SES, the Society for Standards Professionals.

The President of the United States, on April 29, 1953, at the instance of the Chief Justice of the United States in his capacity as Chairman of the Judicial Conference of the United States, called a conference  concerning unnecessary delay, expense and volume of records in some adjudicatory and rule-making proceedings in the Executive Departments and Administrative Agencies. To this Conference...

This article, published in Standards Engineering, the official SES Journal, Vol. 65, No. 2, March/April 2013, provides an introduction to the ongoing debate over public access to copyrighted technical standards incorporated by reference into regulation.  It is reproduced here with the permission of SES, the Society for Standards Professionals.

This is the final version of Emily S. Bremer's Incorporation by Reference Report, as published in the Harvard Journal of Law and Public Policy in January 2013.