Congress (Past Projects)

Tag cloud

Hide tags

Committee:

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...

Recommendation 2012-5 addresses the problem of overlapping and fragmented procedures associated with assigning multiple agencies similar or related functions, or dividing authority among agencies. The recommendation proposes some reforms aimed at improving coordination of agency policymaking, including joint rulemaking, interagency agreements, agency consultation provisions, and tracking and...

Recommendation 2012-8, “Inflation Adjustment Act,” addresses agency adjustments to civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act, codified as amended at 28 U.S.C. 2461 note.

Committee:

Background: In the last three months of a presidential administration, rulemaking activity increases considerably when compared to the same period in a non-transition year.*  Although part of this increase likely results from ordinary procrastination and external delays, scholars have suggested that administrations also use the “midnight” period more...

Committee:

Recommendation 2012-6, “Reform of 28 U.S.C. Section 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 circumstances, later-filed...

Committee:

Recommendation 2010-1, Agency Procedures for Considering Preemption of State Law, addresses issues relating to agency procedures for complying with Federal requirements regarding consultation with State and local governments and for considering State interests in rulemakings that may result in the preemption of State law. It recommends that agencies formulate appropriate internal...