This series highlights selected ACUS projects. To learn more about ongoing projects, subscribe to our mailing list.
SPRING 2022 PROJECTS
ACUS committees will consider three projects this spring: Automated Legal Guidance at Federal Agencies, Contractors in Rulemaking, and Improving Notice of Regulatory Changes. Draft reports for each project and information about committee meetings will be available soon.
REPORT ON ENFORCEMENT DECISIONS AT AGENCY-HEAD LEVEL
A new report to ACUS by Professor Michael Asimow (Santa Clara Law), Greenlighting Administrative Prosecution: Checks and Balances on Charging Decisions, studies the legal questions and practical benefits and risks associated with agency heads’ involvement in decisions to charge enforcement targets at five combined-function regulatory agencies.
HANDBOOK ON COMPILING ADMINISTRATIVE RECORDS FOR INFORMAL RULEMAKING
The recently released Handbook on Compiling Administrative Records for Informal Rulemaking is intended to help agencies develop staff guidance implementing Recommendation 2013-4, Administrative Record in Informal Rulemaking, and several related recommendations. It was developed by a working group of public- and private-sector representatives, including several ACUS members.
REQUESTS FOR PROPOSALS
We are currently seeking consultants to prepare studies for two new projects:
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Disclosure of Agency Legal Materials. This project considers whether the main statutes governing disclosure of agencies’ legislative rules, guidance documents, adjudicative decisions, and other important legal materials should be amended to consolidate and harmonize their overlapping requirements, account for technological developments, correct certain statutory ambiguities and drafting errors, and address other potential problems that may be identified. Individuals interested in serving as a consultant should review the request for proposals. Please email Todd Rubin (trubin@acus.gov) with any questions about the project.
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U.S. Patent Small Claims Court. The U.S. Patent and Trademark Office is engaging ACUS to conduct an independent study to address, among other topics, whether there is need for a small claims patent court, the feasibility and potential structure of such a court, and the relevant legal, policy, and practical considerations in establishing a small claims court. Individuals interested in serving as a consultant should review the request for proposals. Please email Kazia Nowacki (knowacki@acus.gov) with any questions about the project.