Assembly Adopts Three Recommendations and One Statement at 59th Plenary Session

The Assembly of the Administrative Conference of the United States adopted three recommendations and one statement during the 59th Plenary Session:

Social Media in Rulemaking

This recommendation provides guidance to agencies on whether, how, and when social media might be used both lawfully and effectively to support rulemaking activities.

Remand Without Vacatur

This recommendation examines the judicial remedy of remand without vacatur on review of agency action and equitable factors that may justify its application.  It also offers guidance for courts that remand agency actions and for agencies responding to judicial remands.

GPRA Modernization Act of 2010: Examining Constraints To, and Providing Tools For, Cross-Agency Collaboration

This recommendation examines perceived and real constraints to cross-agency collaboration under the Government Performance and Results Act (GPRA) Modernization Act and highlights tools available to help agencies collaborate.  It offers guidance to help increase transparency, improve information sharing, and facilitate better agency reporting under the Act.  The recommendation is also aimed at enhancing the role of agency attorneys and other agency staff in facilitating cross-agency collaboration. 

Statement #18: Improving the Timeliness of OIRA Regulatory Review

This 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.