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Negotiated Rulemaking
Negotiated rulemaking is a process in American administrative law, used by federal agencies, in which representatives from a government agency and affected interest groups negotiate the terms of a proposed administrative rule. The agency publishes the proposed rule in the Federal Register and then follows the usual rulemaking procedure of soliciting public comments, which are evaluated for inclusion in the final rule. Origins Negotiated rulemaking, sometimes abbreviated as "neg reg" or "reg neg", emerged most prominently in the early 1980s because of a concern that traditional rulemaking procedures had become too adversarial. John Dunlop, Secretary of Labor under President Gerald Ford, first introduced the idea of formally engaging affected interests in negotiations over federal regulations in the 1970s.Cary Coglianese, "Assessing Consensus: The Promise and Performance of Negotiated Rulemaking", 46 Duke Law Journal 6, 1997, pp 1255-1350, https://ssrn.com/abstract=10430. In 1982 Ph ...
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American Administrative Law
United States Federal Administrative Law encompasses statutes, rules, judicial precedents, and executive orders, that together form administrative laws that define the extent of powers and responsibilities held by administrative agencies of the United States government, including executive departments and independent agencies. Because Congress, the president, and the federal courts have limited resources to address all issues, specialized powers are often delegated to a board, commission, office, or other agency. These administrative agencies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets. Former Supreme Court Justice Stephen Breyer has defined the legal rules and principles of administrative law in four parts: (1) define the authority and structure of administrative agencies; (2) specify the procedural formalities employed by agencies; (3) determine the validity of agency decisions; and (4) ...
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Advocacy Group
Advocacy groups, also known as lobby groups, interest groups, special interest groups, pressure groups, or public associations, use various forms of advocacy or lobbying to influence public opinion and ultimately public policy. They play an important role in the development of political and social systems. Motives for action may be based on Politics, political, Economy, economic, religious, morality, moral, commerce, commercial or common good-based positions. Groups Methods used by advocacy groups, use varied methods to try to achieve their aims, including lobbying, media campaigns, consciousness raising, awareness raising publicity stunts, Opinion poll, polls, research, and policy briefings. Some groups are supported or backed by powerful business or political interests and exert considerable influence on the political process, while others have few or no such resources. Some have developed into important social, and political institutions or social movements. Some powerful advo ...
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Federal Register
The ''Federal Register'' (FR or sometimes Fed. Reg.) is the government gazette, official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on Federal holidays in the United States, federal holidays. The final rules promulgated by a federal agency and published in the ''Federal Register'' are ultimately reorganized by topic or subject matter and Codification (law), codified in the ''Code of Federal Regulations'' (CFR), which is updated quarterly. The ''Federal Register'' is compiled by the Office of the Federal Register (within the National Archives and Records Administration) and is printed by the United States Government Publishing Office, Government Publishing Office. There are no copyright restrictions on the ''Federal Register''; as a Copyright status of work by the U.S. government, work of the U.S. government, it is in the public domain. Contents The ''Fede ...
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Rulemaking
In administrative law, rulemaking is the process that executive and independent agencies use to create, or ''promulgate'', regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through ''rulemaking''. By bringing detailed scientific and other types of expertise to bear on policy, the rulemaking process has been the means by which some of the most far-reaching government regulations of the 20th century have been created. For example, science-based regulations are critical to modern programs for environmental protection, food safety, and workplace safety. However, the growth in regulations has fueled criticism that the rulemaking process reduces the transparency and accountability of democratic government. Introduction Legislatures rely on rulemaking to add more detailed scientific, economic, or industry expertise to a policy—fleshing out the broader mandates of authorizing legislation. F ...
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John Thomas Dunlop
John Thomas Dunlop (July 5, 1914October 2, 2003) was an American administrator, labor economist, and educator. Dunlop was the United States Secretary of Labor between 1975 and 1976 under President Gerald Ford. He was Director of the United States Cost of Living Council from 1973 to 1974, Chairman of the United States Commission on the Future of Worker-Management Relations from 1993 to 1995, which produced the Dunlop Report in 1994. He was also arbitrator and impartial chairman of various United States labor-management committees, and a member of numerous government boards on industrial relations disputes and economic stabilization. Dunlop taught at Harvard University from 1938 until his retirement as Thomas W. Lamont University Professor in 1984. While there, he was chair of the Economics Department from 1961 to 1966 and Dean of the Faculty of Arts and Sciences from 1969 to 1973. Dunlop came to be recognized in the postwar United States as the most influential figure in the f ...
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United States Department Of Transportation
The United States Department of Transportation (USDOT or DOT) is one of the executive departments of the U.S. federal government. It is headed by the secretary of transportation, who reports directly to the president of the United States and is a member of the president's Cabinet. The department's fiscal year 2022–2026 strategic plan states that its mission is "to deliver the world's leading transportation system, serving the American people and economy through the safe, efficient, sustainable, and equitable movement of people and goods." History In 1965, Najeeb Halaby, was granted authority over aviation and railroads through the commerce clause of the Constitution, the Federal Highway Administration and Federal Transit Administration primarily provided funding for state and local projects, without significant influence over road construction and operation. Halaby emphasized the need for improved coordination and expressed frustration at the lack of an overall plan. " ...
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United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, U.S. House of Representatives, and an Upper house, upper body, the United States Senate, U.S. Senate. They both meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has a total of 535 voting members, a figure which includes 100 United States senators, senators and 435 List of current members of the United States House of Representatives, representatives; the House of Representatives has 6 additional Non-voting members of the United States House of Representatives, non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate ...
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Administrative Procedure Act (United States)
The Administrative Procedure Act (APA), , is the United States federal law, United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law. The APA applies to both the United States federal executive departments, federal executive departments and the independent agencies of the United States government, independent agencies. United States Senate, U.S. senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500. Section 702 of t ...
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Federal Government
A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is Constitution, constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body without constitutional amendment. Sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. Overriding powers of a central authority theoretically can include the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that override ...
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Federal Advisory Committee Act
The Federal Advisory Committee Act (FACA) (), is a United States federal law which governs the behavior of federal advisory committees. In particular, it has special emphasis on open meetings, chartering, public involvement, and reporting. It was codified in December 2022. The U.S. General Services Administration (GSA) oversees the process. Overview Advisory committees The Federal Advisory Committee Act defines ''advisory committee'' as "any committee, board, commission, council, conference, panel, task force, or other similar group" that dispenses "advice or recommendations" to the President of the United States, and excludes bodies that also exercise operational functions. They are provisional bodies and have the advantage of being able to circumvent bureaucracy and collect a range of opinions. Committees composed of full-time officers or employees of the federal government do not count as ''advisory committees'' under FACA. Furthermore, the following organizations are also ...
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Special Interest Group
A special interest group (SIG) is a community within a larger organization with a shared interest in advancing a specific area of knowledge, learning or technology where members cooperate to effect or to produce solutions within their particular field, and may communicate, meet, and organize conferences. The term was used in 1961 by the Association for Computing Machinery (ACM), an academic and professional computer society. SIG was later popularized on CompuServe, an early online service provider, where SIGs were a section of the service devoted to particular interests. Technical SIGs The ACM includes many SIGs, some starting as smaller "Special Interest Committees" and formed the first group in 1961. ACM supports further subdivision within SIGs for more impromptu informal discussion groups at conferences which are called Birds of a Feather (BoF). ACM's Special Interest Groups (SIGs) represent major areas of computing, addressing the interests of technical communities that dri ...
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