The Department of Education (“ED” or the “Department”) issued a notice of proposed rulemaking (“NPRM”) aimed at improving the Migrant Education Program (“MEP”).  The children of migratory agricultural workers and migratory fishers have educational needs that present “unique challenges for educators and our Nation’s schools.”  One significant result of a migratory way of life is […]

Join the Section of Administrative Law and Regulatory Practice for the 10th Annual Administrative Law Institute in Washington, DC.  There will be a number of sessions on exciting topics, including Executive Branch Oversight of Rulemaking, Affordable Care Act Rulemakings, Observations About Rulemaking Under Dodd-Frank, and many more.  Get a sneak preview of the schedule here.  […]

The Department of Defense (“DoD”) seeks public comment on a proposal to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”). This proposed rule aims to include policies and procedures regarding payment for contracts for performance in Afghanistan into the DFARS. The DoD intends to promulgate policy and procedures on the use of a “new solicitation […]

The American Bar Association, Section of Administrative Law and Regulatory Practice Winter Membership Mix and Mingle is postponed.  We’ll let you know as soon as the event is rescheduled! This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation […]

The United States Patent and Trademark Office (“PTO”) seeks input on codifying current practices.  This notice of proposed rulemaking proposes changes to the “Trademark Rules of Practice” and the “ Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.” In general, the proposed amendments […]

The Federal Communications Commission (“FCC”) is seeking public comment on allowing in-flight mobile use, including calls, texting, and data services. At the open commission meeting on December 12, 2013, the Wireless Telecommunications Bureau introduced the notice of proposed rulemaking (“NPRM”) to revise its outdated rules and give airlines the option of offering mobile wireless services […]

The United States Department of Agriculture (“USDA”) seeks comment on proposed amendments to regulations on “nondiscrimination” in “programs” or “activities” conducted by the USDA.  This notice of proposed rulemaking aims to “clarify the roles and responsibilities” of the USDA’s Office of the Assistant Secretary for Civil Rights (“OASCR”) and USDA agencies in “enforcing nondiscrimination” in […]

On Friday, January 10, 2014 the Section will host a webinar entitled NLRB v. Noel Canning: The President, Congress, and the Power to Make Recess Appointments.  The U.S. Supreme Court is set to hear oral arguments in NLRB v. Noel Canning on January 13, 2014.  The webinar will discuss the issues before the Court, featuring […]

The Internal Revenue Service (“IRS”) seeks input on proposed rules guiding “tax-exempt social welfare organizations” on “political activities related to candidates” that will not be recognized as the promotion of “social welfare.” Currently, a group that “primarily” participates in activities that “promote social welfare” can be recognized as operating “exclusively for the promotion of social […]

The Federal Communications Commission (“FCC”) seeks comment on proposed rules implementing the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”).  In this Further Notice of Proposed Rule Making (“FNPRM”), the FCC seeks input on issues regarding the implementation of Sections 204 and 205 of the CVAA.  Sections 204 and 205, generally charge the […]

On October 28, 2013, New York University’s Institute for Policy Integrity hosted its Fifth Annual Cost-Benefit Analysis & Issue Advocacy Workshop. One highlight was an afternoon panel reflecting on the consequences of Executive Order 12866 of 1993, which reaffirmed and expanded on the Reagan Administration’s requirement that significant executive agency regulations be subject to cost-benefit […]

The Corporation for National and Community Service (“CNCS”) issued a notice document seeking input on “proposed revised enrollment and exit forms” called “National Service Trust Enrollment Form and National Service Trust Exit Form.”AmeriCorps members and program staff use these forms to enroll in the “National Service Trust” and to “document the completion of AmeriCorps member’s […]

On October 28, 2013, New York University’s Institute for Policy Integrity hosted its Fifth Annual Cost-Benefit Analysis & Issue Advocacy Workshop.  One highlight was an afternoon panel reflecting on the consequences of Executive Order 12866 of 1993, which reaffirmed and expanded on the Reagan Administration’s requirement that significant executive agency regulations be subject to cost-benefit […]

The Consumer Product Safety Commission (“CPSC”) seeks comment on a proposed interpretive rule providing “principles” and “guidelines” for the content and form of “voluntary recall notices.” Companies issue recall notices per “corrective action plans” under Section 15 of the Consumer Product Safety Act (“CPSA”).  Current rules require “notice to the public” of the corrective action […]