Congress (Past Projects)

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The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules.  5 U.S.C. §§ 801-08.  Under the CRA, agencies must submit rules to both houses of Congress and to the Government Accountability Office prior to their taking effect, and major rules (such as those for which the economic impact exceeds $100 million) are delayed for 60 days to permit Congressional...

Recommendation 2012-5 – Improving Coordination of Related Agency Responsibility 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 reforms aimed at improving coordination of agency policymaking, including joint...

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...

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Recommendation 2012-2 – Midnight Rules 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.  

 

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Recommendation 2012-6 – The Need to Reform 28 U.S.C. § 1500 urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such...

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Recommendation 2010-1 – Regulatory Preemption addresses agency procedures for determining whether to preempt state law.  The recommendation presents best practices by federal agencies in implementing the requirements of Executive Order 13132 and the President’s May 2009 memorandum governing agency preemption of state law, including procedures for securing meaningful...