REGWRITER ALERT: Statement of Principles for Disclosure of Federal Administrative Materials and other ACUS resources for Regulatory Agencies
November 14, 2022
The purpose of this RegulationWriter Alert is to alert you to a new document issued by the Administrative Conference of the United States (ACUS). But we also want to take the opportunity to remind you of some of the other incredible resources for regulatory agency staff on ACUS.gov. In case you don’t recall from discussions in TRG regulatory courses, ACUS is a small federal agency whose purpose is to improve the functioning of the federal government.
At the heart of administrative law is government informing citizens about information relevant to their daily lives. The two most prominent steps in the rulemaking process under the Administrative Procedure Act involve publishing notices—one for the proposed rule and one for the final rule—in the government’s daily newspaper, the Federal Register. Since 1968, ACUS has issued numerous recommendations to educate government agencies on best practices for complying with the myriad public notice requirements emanating from the Administrative Procedure Act, Freedom of Information Act, Federal Register Act, Federal Records Act, and E-Government Act of 2002. This month, ACUS issued a Statement of Principles for Disclosure of Federal Administrative Materials. In this document, ACUS has compiled the essential principles addressed in its recommendations regarding publication of government information. This 14-page document is an easy and recommended read for all agency staff, especially those involved in rulemaking. Please download it at the link below.
In addition to its recommendations, ACUS also publishes the following sourcebooks.
Federal Administrative Procedure Sourcebook: Provides an annotated compilation of the key legal sources—including the Administrative Procedure Act, the Freedom of Information Act, the Congressional Review Act, and executive orders—governing nearly every aspect of administrative procedure.
Federal Administrative Adjudication Outside the Administrative Procedure Act: Examines federal administrative adjudication not subject to the adjudicatory provisions of the Administrative Procedure Act and provides a comprehensive overview and cross-cutting analysis of non-APA adjudication.
Sourcebook of United States Executive Agencies: Maps the organizational structure of the entire executive branch.
Sourcebook of Federal Judicial Review Statutes: Analyzes more than 650 statutory provisions that govern how federal courts review agency rules and orders.
One of the most accessible tools ACUS provides agencies is its Information Interchange Bulletins. Don’t lose interest based on the title. These documents are better thought of as administrative process cheat sheets or user aids. They are one-page summaries highlighting topics agency staff deal with every day. Here are a few examples:
· IIB-014 - Notice & Comment Rulemaking
· IIB-022 - Regulatory Flexibility Act Basics
· IIB-023 - Guidance Documents
· IIB-024 - Judicial Review of Agency Action
· IIB-025 - Paperwork Reduction Act Basics
· IIB-026 - Regulatory Analysis Requirements
If you haven’t visited ACUS.gov recently, please take this opportunity and this nudge. ACUS is one of the things we should be thankful for this month.