The United State Postal Service (“USPS”) filed a notice of price adjustments with the Postal Regulatory Commission (“PRC”) on September 26, 2013, proposing revisions that would be effective January 2014.  Even though the USPS is exempt from the notice and comment obligations of the Administrative Procedure Act concerning proposed rulemaking by 39 U.S. C. 410(a), […]

Please join the ABA Section of Administrative Law and Regulatory Practice, Government Personnel Committee for a brown bag lunch event on the Latest Developments at the Office of Special Counsel, October 30, 2013 from 12:00 – 1: 30 p.m.  The event will be held at the ABA Washington, D.C. office in the John Marshall Room […]

The shutdown is over and the program is ON! Join the ABA Section of Administrative Law and Regulatory Practice for the Administrative Law Fall Conference, November 7-8, 2013 at the Georgetown University Hotel and Conference Center in Washington, DC.  The conference will include CLE Panels on a wide-range of topics including Developments in Administrative Law […]

The Centers for Medicare Medicaid Services (“CMS”) proposes a rule that establishes the Basic Health Program required by Section 1331 of the Affordable Care Act.  States, under the Basic Health Program, are provided with “flexibility” to set up a “health benefits coverage program” to help “low-income individuals” who are not eligible for Medicaid and who […]

The Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (“Board”), and the Federal Deposit Insurance Corporation (“FDIC”) (collectively,  the “Agencies”) invite public comment on enhanced supplementary leverage ratio standards for certain Bank Holding Companies (“BHCs”).  The Agencies propose to create a “well capitalized” threshold of 6% […]

The National Archives and Records Administration (“NARA”) seeks comment on proposed amendments regulating the process for incorporated by reference (“IBR”) materials into the Code of Federal Regulations (“CFR”).  This notice of proposed rulemaking (“NPRM”) is in response to a petition to amend these regulations received by the Office of the Federal Register (“OFR”) on February […]

The Bureau of Justice Statistics (“BJS”) of the Office of Justice Programs of the Department of Justice (“DOJ”), the National Institute for Occupational Safety and Health (“NIOSH”) of the Centers for Disease Control and Prevention (“CDC”), and the Department of Health and Human Services (“HHS”) are joining together to request input to improve BJS’s data […]

The American Bar Association recently sent a letter to members of the Senate Committee on Homeland Security & Governmental Affairs endorsing S. 1173, the Independent Agency Regulatory Analysis Act of 2013 by Senator Rob Portman (R-Ohio).  The bill would affirm the authority of the President to issue an executive order requiring independent regulatory agencies to […]

The Secretary of the Department of Education (“ED”) issued a notice of proposed rulemaking (“NPRM”) proposing to amend regulations under Part B of the Individuals with Disabilities Act (“IDEA”).  The Assistance to States for the Education of Children with Disabilities program is governed by these regulations.  The ED seeks public comment to help clarify current […]

The Small Business Administration (“SBA”) announces proposed rule changes to the Surety Bond Guarantee Program (“Bond Program”).  Under the Bond Program, the SBA “guarantees bid, payment and performance bonds” for small contractors who are unable to acquire surety bonds “through regular commercial channels.”  The SBA agrees to “assume a certain percentage of the Surety’s loss” […]

The Securities and Exchange Commission (“SEC”) issued a notice soliciting comments on a proposed Fourth Amendment to the Plan to Address Extraordinary Market Volatility (“Plan”).  Specifically, the Plan is calculated to prevent the kind of “sudden price movements” in the market that occurred “on the afternoon of May 6, 2010.”  The Plan creates “market-wide limit […]