Recommendation 2015-4 - Designing Federal Permitting Programs describes different types of permitting systems and provides factors for agencies to consider when designing or reviewing permitting programs.
Recommendation 2011-3 – Government Contractor Ethics addresses the increasing use of contractors in government and asks the Federal Acquisition Regulation Council to adopt revisions regarding compliance standards for government contractor employees relating to personal conflicts of interest and use of certain non-public information. In February 2013, the American Bar Association’s House of Delegates adopted a...
Recommendation 2012-3 – Immigration Removal Adjudication addresses the problem of case backlogs in immigration removals and suggests ways to enhance efficiency and fairness in these cases. Much of the recommendation was incorporated into the bipartisan immigration legislation (S. 744) that passed the Senate last year.
Recommendation 2012-5 – Improving Coordination of Related Agency Responsibilities addresses the problem of overlapping and fragmented procedures associated with assigning multiple agencies similar or related functions, or dividing authority among agencies.
Statement #18 – Improving the Timeliness of OIRA Regulatory Review (Adopted December 6, 2013) highlights potential mechanisms for improving review times 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 increased transparency concerning the reasons for delayed reviews, and...
Recommendation 2011-5 – Incorporation by Reference addresses ways in which agencies publish rules that refer to standards or other materials that have been published elsewhere.
Recommendation 2012-8 – Inflation Adjustment for Civil Penalties addresses agency adjustments to civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 2461 note). The recommendation urges Congress to change the current statutory framework by which agencies periodically adjust their penalties to address three provisions that result in penalty adjustments that may not track the...
Recommendation 2011-6 – International Regulatory Cooperation addresses how U.S. regulators can interact with foreign authorities to accomplish their domestic regulatory missions and eliminate unnecessary non-tariff barriers to trade. The project updates Administrative Conference Recommendation 91-1, Federal Agency Cooperation with Foreign Government Regulators.
Statement # 19 (Adopted September 25, 2015) examines judicial application of an issue exhaustion requirement in preenforcement review of administrative rulemaking.