Jul
18

Overview of the Application of Machine-Learning in Administrative Law

Editor’s Note: See also The Obama Administration’s Report on the Future of Artificial Intelligence.

From: Administrative Conference of the United States

This article was authored by Lauren Beadle, a student at American University Washington College of Law. The views expressed below are those of the author and do not represent the views of ACUS or the Federal Government.

Jul
16

Trump tightens control over regulatory judges

From: Politico

By 

President Donald Trump moved to tighten control over the in-house judges that implement much of the federal government’s regulatory agenda — his latest step to consolidate political power throughout the sprawling bureaucracy.

An executive order signed Tuesday gives agency heads greater discretion over the selection of so-called administrative law judges. These judges, typically promoted out of the federal civil service, make legal rulings that drive regulatory actions across the federal government.

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Jul
13

FDA tries to take the reins on regulating cultured meat

From: Science

By Kelly Servick

COLLEGE PARK, MARYLAND—There may be a turf war on between two U.S. federal agencies over who will regulate the emerging industry of cultured meat, but you wouldn’t know it from the presentations by the Food and Drug Administration (FDA) at a meeting here yesterday.

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Some expect that either Congress or the White House Office of Management and Budget will ultimately have to clarify which agency should step back as cultured meat products near the market—or whether the responsibility for different stages of its production could somehow be split between the two agencies. In the meantime, FDA is pressing ahead with its plans to regulate. Mayne said the agency’s science board will hold a meeting on the issue later this year.

Jul
12

Recommendations, Recommitted Actions, and Revised Rules (ACUS Update)

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Emily Bremer

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ACUS’s Federal Register notice summarizes each of the three adopted recommendations:

Recommendation 2018-1Paperwork Reduction Act Efficiencies. This recommendation encourages collaboration between the Office of Information and Regulatory Affairs and federal agencies to maximize opportunities for making the information collection clearance process under the Paperwork Reduction Act more efficient, while still maintaining its integrity. The recommendation also encourages using generic clearances and common forms more frequently, providing more training to agencies, and improving several other aspects of the information-collection clearance process.

Jul
03

Trump Administration Considering Regulation as a Tool to Compel Good Cyber Behavior

Editor’s Note: Cross-posted from Regulatory Cybersecurity/FISMA Focus.

From: Nextgov

By Joseph Marks, Senior Correspondent

Regulatory actions will join other tools, such as indictments and sanctions, in the U.S. effort to promote cyber norms.

Government officials are looking to the federal regulatory process as one possible tool to compel other nations to practice norms of good behavior in cyberspace and to punish nations that step out of bounds, a State Department official told Nextgov.

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“There are a lot of regulatory interactions with the U.S. government that could potentially be used in creative ways,” the official said.

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Jun
08

Quantum Law Conference: An interdisciplinary exploration of quantum theory, law, regulation and ethics

Editor’s Note: CRE staff have been asked to participate in the Quantum Law conference.

From: Quantum Law Conference

May
30

69th ACUS Plenary Agenda: Paperwork Reduction Act Efficiencies

Editor’s Note: See also Comments on the Draft Report to The Administrative Conference of the United States on the Paperwork Reduction Act (February 2012).

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

69th Plenary Agenda (ACUS Update)

by Emily Bremer

The Administrative Conference will host its 69th Plenary Session on June 14th and 15th, 2018.  If you have attended previous plenary sessions and are planning to attend this one, please note the new location!  For the first time, the Assembly will meet in the Jacob Burns Moot Court Room at George Washington University Law School.  The agenda for the meeting includes four proposed recommendations, described as follows in ACUS’s Federal Register notice:

Apr
03

Critics fear EPA changes will give big industry more sway over science

From: Marketplace.org | Public Radio

By 

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Under the new policy, academic study authors will have to share their raw data, to be picked apart and chewed over. Washington, D.C., veteran lobbyist Jim Tozzi, who has worked in the past for chemical and tobacco interests, has pushed for this change for years.

“If you want to get into this hot game, you got to take the heat,” Tozzi said. “And if you can’t, put your laboratory coat on and stay with the rats.”

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Apr
02

The Data Quality Act

From: American Bar Association

Format: In-Person

Location: American Bar Association, 1050 Connecticut Ave NW Ste 400 Washington, DC 20036

Date: May 2, 2018 | Time: 12:00 PM – 1:30 PM ET

The Regulatory Policy Committee of the Administrative Law and Regulatory Practice Section presents a brown bag lunch program on the Data Quality Act.  The Data Quality Act (DQA) or Information Quality Act (IQA) directs the Office of Management and Budget to issue government-wide guidelines that “provide policy and procedural guidance to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by Federal agencies.”  Some believe that DQA/IQA plays an important role in policy making. Others believe that the law acts as a roadblock to the regulatory process.

Mar
14

FEDERAL REGULATIONS: Opportunities to Improve the Effectiveness and Transparency of Regulatory and Guidance Practices

Editor’s Note: See also, FEDERAL RULEMAKING: OMB Should Work with Agencies to Improve Congressional Review Act Compliance during and at the End of Presidents’ Terms.

From: US General Accountability Office

Statement of Kris Nguyen, Acting Director Strategic Issues

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What GAO Recommends

In the April 2015 report on regulatory guidance, GAO made eleven recommendations to USDA, Education, HHS, and DOL to ensure adherence to OMB requirements and applicable elements of internal controls. Three of these recommendations to HHS remain open: 1) to develop written procedures for the approval of significant guidance, 2) strengthen application of internal controls over guidance processes, and 3) improve its website.

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