Assembly Adopts Five Recommendations at 56th Plenary Session

The Assembly of the Administrative Conference of the United States adopted five recommendations during the 56th Plenary Session:

Regulatory Analysis Requirements

This recommendation addresses the issue of agencies having to comply with numerous regulatory analysis requirements created by statute and executive orders.  The recommendation is supported by an extensive report which includes an appendix charting all of the regulatory analysis requirements of the 100 major rules subject to OMB review in 2010.  The goal of the recommendation is to ensure agencies fulfill the regulatory analysis requirements efficiently, and to enhance the transparency of the process.  Agencies, the Congress, the President and OIRA at OMB are all encouraged to play a role in this effort.

Final Recommendation: Final Recommendation 2012-1 (Regulatory Analysis) (pdf)

Midnight Rules

This recommendation addresses several issues raised by the publication of rules in the final months of a presidential administration and offers proposals for limiting the practice by incumbent administrations and enhancing the powers of incoming administrations to review midnight rules.

Final Recommendation: Final Recommendation 2012-2 (Midnight Rules) (pdf)

Immigration Removal Adjudication

This recommendation addresses the problem of case backlogs in immigration removals, and suggests ways to enhance efficiency and fairness in these cases.  DHS and DOJ’s EOIR had significant and helpful input during the committee process.

Final Recommendation: Final Recommendation 2012-3 (Immigration Removal Adjudication) (pdf)

Paperwork Reduction Act

This recommendation addresses a variety of issues that have arisen since the Act was last revised in 1995.  For instance, despite OMB guidance on the application of the PRA to social media, the Act does not yet account for new technologies.  The proposal offers suggestions for improving public engagement in the review of information collection requests and for making the process more efficient for the agencies and OMB.

Final Recommendation: Final Recommendation 2012-4 (Paperwork Reduction Act) (pdf)

Improving Coordination of Related Agency Responsibilities

This 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.

Final Recommendation: Final Recommendation 2012-5 (Improving Agency Coordination) (pdf)