March 10, 2021


Section Comments to Government Authorities

Letter to Senators Carper and Coburn on S. 1029, the Regulatory Accountability Act of 2013

Comments in Response to the Office of Management and Budget's  Proposed Revisions to Circular A-119

Comments in Response to the Office of Federal Register's Notice of Proposed Rulemaking on Incorporation by Reference

Letter to Hon. Thomas A. Vilsack, Secretary of Agriculture, US Department of Agriculture, on Revocation of Statement of Policy on Public Participation in Rulemaking

Letter to Senators Carper and Lieberman, on S. 1173, The Independent Agency Regulatory Analysis Act of 2013

Letter to Senators Lieberman and Collins, on the Plain Writing Act for Regulations 2012

Letter to Representatives Smith, Conyers, Issa and Cummings, on H.R. 3786, The Plain Regulations Act of 2012

Letter to Senators Lieberman and Collins, and Representatives Issa and Cummings, on the STOCK Act and Career Federal Employees

Letter to Boris Bershteyn, Administrator OIRA, on the Spring & Fall 2012 Unified Regulatory Agendas

USC prelim Letter to the Law Revision Counsel

Incorporation by Reference Comments to the Office of the Federal Register

Office of Government Ethics

H.R. 3010, The Regulatory Accountability Act of 2011

H.R. 1161, The Community Alcohol Regulatory Effectiveness Act of 2011

Securities Exchange Act

Immigration and Nationality Act

Amending the Lobbying Disclosure Act

Lobbyists Serving on Advisory Committees

Letter to OMB on Presidential Supervision of Agency Rulemaking

A Report to the President Elect of the United States, Improving the Administrative Process

Administrative Conference of the United States (ACUS)


60th Anniversary of the Administrative Procedure Act

  • House Judiciary Subcommittee's Hearings on the 60th Anniversary of the Administrative Procedure Act

Revised EPA Ombudsman Legislation

Copyright Term Extension Act

  • Section Letter opposing adoption of a new ABA policy supporting constitutionality of the Copyright Term Extension Act of 1998

Citizenship and Immigration Services Ombudsman

Information Quality, 67 FR 22398

  • Letter to Consumer Product Safety Commission
  • Letter to US Department of Transportation
  • Letter to US Department of Education
  • Letter to US Department of Commerce
  • Letter to US Environmental Protection Agency
  • Letter to US Department of Health and Human Services
  • Letter to US Nuclear Regulatory Commission

Comments to President Bush and Senator Kennedy Regarding the Appointment of a Commissioner of Food and Drugs

Informal Proposals to Reform the Process of Determining Disability Under the Social Security Act

Faster FOIA Act

OMB's Proposed Draft on "Peer Review and Information Quality"

Ombudsman Legislation

Federal Agency Protection of Privacy Act

Social Security Legislation

Model State Administrative Procedure Act

Letter to Francis Pavetti

Letter to Robert Stein

Release of Net Worth Information. Oppose the automatic release of net worth information in conjunction with fee award applications under the Equal Access to Justice Act; support certain procedural protections that provide those who have filed such information the opportunity to keep it confidential. 2/83

Representation of Regulated Clients. Support federal legislation to amend the Federal Deposit Insurance Act to (1) prevent federal banking agencies from using their cease-and-desist enforcement powers to secure asset preservation orders without having prior recourse to court: (2) to clarify that they are not authorized to use their power to issue cease-and-desist orders as a means of securing money damages relief ordinarily only available through litigation; and (3) to urge federal banking agencies to adopt fair notice and comment procedures when formulating new policies regarding professional liability of lawyers. Oppose certain federal banking agencies’ interpretations of the Model Rules of Professional Conduct. 8/93

Retroactive Legislation and Rules. Retroactive legislation and rules imposing new legal duties and liabilities should be avoided. Federal agencies should act retroactively only when the need clearly outweighs the cost and is otherwise fair. This resolution does not address in any way the Civil Rights statutes, including the Civil Rights Act of 1991. 2/92

Review of Proposed Regulatory Action. Support issuance of executive order directing federal agencies to prepare a regulatory analysis and inter-agency review of the impact that important proposed regulatory actions would have on the achievement of all relevant statutory goals. 8/78

Review of Existing Regulations. Urge that certain principles guide the review of existing regulations by federal administrative agencies including a commitment to periodic review, congressional requirement for review of programs and commensurate funding, etc. 8/95

Recommend legislative and non-legislative changes in process for Congressional review of agency regulations. 8/97

Right to Counsel. Oppose legislation that would limit the rights of persons subject to exclusion, deportation, or asylum proceedings to retain counsel. 2/83

Rulemaking Oversight. Recommend that any government entity designated by the president to oversee the rulemaking process should: (1) issue a written explanation whenever it returns a rule with a change; (2) reveal any communications with Congress or non-governmental people pertaining to the rule; and (3) regularly publish a list of all proposed or final rules for which review was concluded. 2/93

Rulemaking Procedures for Agencies Dealing with Antitrust. Support in principle that the Department of Justice and the Federal Trade Commission should follow the informal rulemaking procedures prescribed by the Administrative Procedure Act when issuing, amending, or repealing interpretative rules or statements of general policy concerning antitrust law enforcement. 2/88

Rulemaking Procedures for Non-Legislative Rules. Recommend that an opportunity be given to the public to comment on non-legislative rules that an agency plans to adopt. If an agency proposes to apply a non-legislative rule in a proceeding, the parties must have an opportunity to challenge the rule. If an agency proposes to depart from the policy of a non-legislative rule, and a party reasonably relied upon it, the agency must explain this departure, and the party may request relief. 8/89; 8/93

Rulemaking Versus Adjudication. Support an agency's right to announce new policies through an adjudicative proceeding, provided that it not be allowed to treat administrative decisions precisely as if they were rules; when feasible, however, an agency should use rulemaking rather than adjudication for large-scale changes. 2/85

Rules of Evidence. Encourage federal agencies to examine whether rules of evidence patterned after the Federal Rules of Evidence should be used in administrative adjudications. 2/92

Sentencing Commission: Rules of Practice. Recommend that the U.S. Sentencing Commission adopt and publish internal rules of practice and procedure including those used by other agencies to invite public participation, etc. 8/95 See related entries, Criminal Law & Procedure.

Self Regulation of Congressional Ethics. Urge each House of Congress in the performance of its self-disciplinary functions, to structure the enforcement process fairly, and to protect the rights of respondents. 2/96

Social Security Act Amendments of 1986. Support legislation to postpone to January 1986 the effective date of Section 101(c) of the Social Security Act Amendments of 1986. 6/83

Social Security Administration Nonacquiescence. Urge SSA to observe in all stages of administrative proceedings applicable court of appeals decisions; urge Congress to enact legislation to provide that the SSA cease its policy of nonacquiescence and that such legislation incorporates specified principles. 8/85, 8/89, 2/90

Social Security Court. Oppose enactment of legislation to create an Article I Social Security Court. 8/86

SSA Administrative Processes. Support efforts to improve the administrative process used by the Social Security Administration in accordance with various principles recommended by the Symposium on Federal Disability Benefit Programs. 8/86

Support improvements in the fairness timeliness and efficiency of initial decision-making in Social Security disability claims. 8/91

Social Security Benefits. Oppose legislation cutting social security taxes and returning to the "pay-as-you- go" system. 8/90

Social Security Benefits - Earning Sharing
Supports efforts to correct inequities in the present distribution of Social Security benefits as they affect two wage earner couples, widows and widowers, divorced persons and single elderly men and women. 2/89

Social Security Benefits for Widows, Divorced Persons and Remarried Spouses. Urge amendments to SSA to allow working widows to receive delayed retirement credits and their widow benefits and to eliminate the restriction to require a divorced person over 62 to wait two (2) years after divorce to receive benefits if former spouse is still working. 8/95

Urge Congress to amend the Social Security Act whereby remarriage at age 55 or older shall not prevent a divorced, surviving spouse, or divorced surviving spouse from collecting benefits based upon his or her former spouse's earnings record. 2/96

Social Security Disability Appeals. Support enumerated reforms in social security disability adjudication process to eliminate the backlog threatening the ability of SSA law judges to assure due process. 8/95

Social Security Disability Benefits for Widows and Widowers. Support elimination of the restriction in the Social Security Act which permits widows and widowers to qualify for disability benefits based on their deceased spouses' earnings only within the first seven years after the spouses' death. Modify the age range of qualified widows and widowers under this section to age 40-49. 8/93 (Sponsored by Individual Rights and Responsibility Section, Senior Lawyers Division and Commission on Legal Problems of the Elderly)

Social Security Disability Claimants. Access to Justice and Attorney Fees. Support continuation of effective representation and access to justice for Social Security disability claimants; support the current system by which the SSA administers payment of attorney fees in disability insurance cases . Oppose efforts to impose a $2,500 fee limitation in administrative proceedings. 2/96 (Sponsored by Commission on Legal Problems of the Elderly and Senior Lawyers Division)

State Administrative Procedures: Urge every state that does not have such a law to adopt an administrative procedure act implementing due process principles. 8/77

Subpoenas. Believe that disclosure to Congress of confidential communications between agency administrators and their personal staffs risks jeopardizing the quality and independence of administrative decisions, and therefore recommend Congress not subpoena from administrative agencies any documents embodying such communications except on the basis of a demonstrated specific need. 8/88

Sunshine Act. Support legislation opening meetings of federal agencies and congressional committees to the public, within a proposed set of limitations. 8/75

Recommend specific guidelines to interpret the term, "meetings" under the Act. 2/87

Supplemental Social Security Income Program. Support in principle the recommendations of the final report of the SSI Modernization Project, to improve access to the SSI program for all eligible persons, to ensure that claims are processed fairly and effectively and to eliminate rules and procedures that are unreasonable, demeaning and harsh. 8/84; 2/94 (2/94 Sponsored by Commission on Legal Problems of the Elderly)

Sunset Legislation. Support a limited form of sunset legislation, provided several considerations are met, which would require periodic review by Congress of federal regulatory agencies. 2/78 (Sponsored by Commission on Law and the Economy)

Unemployment Compensation System. Recommend that a pilot program be established to determine whether improved access to justice can be established in the unemployment compensation system in the United States. 8/89

Vendors on Military Installations. Support the establishment of published standards and procedures to govern military commanders in barring vendors and other individuals from military installations in the U.S. 8/92

Wage-Price Controls. Support principles concerning public notice and participation and administrative due process in any program of voluntary or mandatory federal controls. 2/75

Wards Cove Exemption. Supports enactment of legislation to repeal the Wards Cove exemption (Section 402(b)) of the Civil Rights Act of 1991. 2/93

Welfare and Family Caps. See entry under Family Law. 8/95

Welfare Funding. Urge adequate funding of welfare programs; oppose cuts in funding unless justified by careful study and analysis with regard for their long and short-term impact on individuals and budgets, and oppose linking public assistance to requirements which infringe on the right to privacy and other individual freedoms. 8/92 See related entry under Family Law. (Sponsored by Individual Rights and Responsibility Section and Commission on Legal Problems of the Elderly)

Witness Fees. Support legislation to allow a prevailing party in a case covered by a Federal fee-shifting statute to recover the costs of reasonable expert witness fees. 8/91

Workers Compensation. Urge states to set up non-profit charitable organizations to establish college funds for claimants’ children. 8/94

Workers Compensation Adjudications. Recommend that the decisions of adjudicators on formal workers’ compensation hearings, state findings, conclusions and the basis for all material issues of fact, law or discretion presented on the record, including the adjudicator’s reasons for accepting expert testimony. Recommend that state administrative and judicial appellate reviewers of findings of fact made in formal workers’ compensation proceedings examine the record under a minimum standard of "Substantial Evidence upon the whole Record. " 2/93; 2/94