U.S.

District Court for the Eastern District of Arkansas

Northern Division
Don Hamrick, pro se (Non-State Actor) )
5860 Wilburn Road )
Wilburn, Arkansas 72179 ) Case No. 1:06cv0044
)
-v- )
) Plaintiff is Southern Baptist by birth.
United Nations, et al )
New York, NY 10017 )

PLAINTIFF’S EMERGENCY MOTION

IN LIGHT OF RECURRING MULTIPLE MURDER-SUICIDES IN PUBLIC PLACES (i.e. VIRGINIA TECH
MASSACRE) AND IN U.S. GOVERNMENT BUILDINGS (i.e., NASA) UNDER THE FAILURE OF
OPPRESSIVE & TYRANNICAL LEVEL OF STATE & FEDERAL GUN CONTROL LAWS

MOTION TO DENY DEFENSE’S MOTION TO DISMISS, AND

MOTION TO PROCEED WITH
THE COLLABORATIVE SYSTEM OF JUSTICE
IN ACCORDANCE WITH THE RULE 16(C)(9)
FEDERAL RULES OF CIVIL PROCEDURES FOR
SPECIAL PROCEDURES
AND

MOTION FOR A COURT ORDER COMPELLING THE

ATTORNEY GENERAL TO ABANDON DEFENSE OF THE CASE AND
PROCEED UNDER THE COLLABORATIVE SYSTEM OF JUSTICE
IN ACCORDANCE WITH TITLE 4, § 3.100 OF THE U.S. ATTORNEY’S MANUAL,
“The Attorney General has the inherent authority to . . .
abandon the defense of any action insofar as it involves the
United States of America, or any of its agencies, or any of its
agents who are parties in their official capacities.”

1
 PLAINTIFF DEMANDS HIS FIRST AMENDMENT RIGHT TO PETITION THE
U.S. GOVERNMENT FOR REDRESS OF GRIEVANCES AND
HIS DUE PROCESS RIGHTS UNDER THE
FIFTH AND FOURTEENTH AMENDMENTS

PLAINTIFF FURTHER DEMANDS THAT THE U.S. ATTORNEY TIM GRIFFIN CONFER
DIRECTLY WITH THE ATTORNEY GENERAL ALBERTO GONZALES TO CONSIDER THE
COLLABORATIVE SYSTEM OF JUSTICE THROUGH THE FOLLOWING REMEDIES:
TITLE 5 U.S. CODE APPENDIX, FEDERAL ADVISORY COMMITTEE ACT
TITLE 5, U.S. CODE, NEGOTIATED RULEMAKING WITH THE FEDERAL GOV’T
TITLE 14, U.S. CODE, NEGOTIATED RULEMAKING WITH THE U.S. COAST GUARD
TO BE ASSISTED BY THE
U.S. ADMINISTRATIVE CONFERENCE COUNCIL OF THE UNITED STATES AND
FURTHER ASSISTED BY
THE MARITIME ADVISORY COMMITTEE FOR
OCCUPATIONAL SAFETY AND HEALTH (MACOSH) OF THE
U.S. DEPARTMENT OF TRANSPORTATION, OSHA.

2
 FEDERAL ADVISORY COMMITTEE ACT

TITLE 5—APPENDIX
FEDERAL ADVISORY COMMITTEE ACT
5 U.S.C. APPENDIX § 1. SHORT TITLE
This Act may be cited as the “Federal Advisory Committee Act”.

5 U.S.C. APPENDIX § 2. FINDINGS AND PURPOSE

(a) The Congress finds that there are numerous committees, boards, commissions, councils, and
similar groups which have been established to advise officers and agencies in the executive branch
of the Federal Government and that they are frequently a useful and beneficial means of furnishing
expert advice, ideas, and diverse opinions to the Federal Government.
(b) The Congress further finds and declares that—
(1) the need for many existing advisory committees has not been adequately reviewed:
(2) new advisory committees should be established only when they are determined to be
essential and their number should be kept to the minimum necessary;
(3) advisory committees should be terminated when they are no longer carrying out the
purposes for which they were established;
(4) standards and uniform procedures should govern the establishment, operation,
administration, and duration of advisory committees;
(5) the Congress and the public should be kept informed with respect to the number,
purpose, membership, activities, and cost of advisory committees; and
(6) the function of advisory committees should be advisory only, and that all matters under
their consideration should be determined, in accordance with law, by the official, agency, or
officer involved.

5 U.S.C. APPENDIX § 3. DEFINITIONS

For the purpose of this Act—
(1) The term “Administrator” means the Administrator of General Services.
(2) The term “advisory committee” means any committee, board, commission, council, conference,
panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter
in this paragraph referred to as “committee”), which is—
(A) established by statute or reorganization plan, or
(B) established or utilized by the President, or
(C) established or utilized by one or more agencies,
in the interest of obtaining advice or recommendations for the President or one or more
agencies or officers of the Federal Government, except that such term excludes (i) any
committee that is composed wholly of full-time, or permanent part-time, officers or
employees of the Federal Government, and (ii) any committee that is created by the
National Academy of Sciences or the National Academy of Public Administration.

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 FEDERAL ADVISORY COMMITTEE ACT

(3) The term “agency” has the same meaning as in section 551 (1) of title 5, United States Code.
(4) The term “Presidential advisory committee” means an advisory committee which advises the
President.

5 U.S.C. APPENDIX § 4. APPLICABILITY; RESTRICTIONS

(a) The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall
apply to each advisory committee except to the extent that any Act of Congress establishing any
such advisory committee specifically provides otherwise.
(b) Nothing in this Act shall be construed to apply to any advisory committee established or utilized
by—
(1) the Central Intelligence Agency; or
(2) the Federal Reserve System.
(c) Nothing in this Act shall be construed to apply to any local civic group whose primary function is
that of rendering a public service with respect to a Federal program, or any State or local committee,
council, board, commission, or similar group established to advise or make recommendations to
State or local officials or agencies.

5 U.S.C. APPENDIX § 8. RESPONSIBILITIES OF AGENCY HEADS; ADVISORY

COMMITTEE MANAGEMENT OFFICER, DESIGNATION
(a) Each agency head shall establish uniform administrative guidelines and management controls for
advisory committees established by that agency, which shall be consistent with di­rectives of the
Administrator under section 7 and section 10. Each agency shall maintain systematic information on
the nature, functions, and operations of each advisory committee within its jurisdiction.
(b) The head of each agency which has an advisory committee shall designate an Advisory
Committee Management Officer who shall—
(1) exercise control and supervision over the establishment, procedures, and accomplishments of
advisory committees established by that agency;
(2) assemble and maintain the reports, rec­ords, and other papers of any such committee during its
existence; and
(3) carry out, on behalf of that agency, the provisions of section 552 of title 5, United States Code,
with respect to such reports, rec­ords, and other papers.

5 U.S.C. Appendix § 9. Establishment and Purpose of Advisory Committees; Publication in Federal

Register; Charter: Filing, Contents, Copy
(a) No advisory committee shall be established unless such establishment is—
(1) specifically authorized by statute or by the President; or
(2) determined as a matter of formal record, by the head of the agency involved after
consultation with the Administrator, with timely notice published in the Federal Register, to
be in the public interest in connection with the performance of duties imposed on that
agency by law.
4
 FEDERAL ADVISORY COMMITTEE ACT

(b) Unless otherwise specifically provided by statute or Presidential directive, advisory committees
shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be
expressed with respect to matters upon which an advisory committee reports or makes
recommendations shall be made solely by the President or an officer of the Federal Government.
(c) No advisory committee shall meet or take any action until an advisory committee charter has
been filed with
(1) the Administrator, in the case of Presidential advisory committees, or
(2) with the head of the agency to whom any advisory committee reports and with the
standing committees of the Senate and of the House of Representatives having legislative
jurisdiction of such agency. Such charter shall contain the following information:
(A) the committee’s official designation;
(B) the committee’s objectives and the scope of its activity;
(C) the period of time necessary for the committee to carry out its purposes;
(D) the agency or official to whom the committee reports;
(E) the agency responsible for providing the necessary support for the committee;
(F) a description of the duties for which the committee is responsible, and, if such
duties are not solely advisory, a specification of the authority for such functions;
(G) the estimated annual operating costs in dollars and man-years for such
committee;
(H) the estimated number and frequency of committee meetings;
(I) the committee’s termination date, if less than two years from the date of the
committee’s establishment; and
(J) the date the charter is filed.

5 U.S.C. APPENDIX § 10. ADVISORY COMMITTEE PROCEDURES; MEETINGS;

NOTICE, PUBLICATION IN FEDERAL REGISTER; PEGULATIONS; MINUTES;
CERTIFICATION; ANNUAL REPORT; FEDERAL OFFICER OR EMPLOYEE,
ATTENDANCE
(a)
(1) Each advisory committee meeting shall be open to the public.
(2) Except when the President determines otherwise for reasons of national security, timely
notice of each such meeting shall be published in the Federal Register, and the Administrator
shall prescribe regulations to provide for other types of public notice to insure that all
interested persons are notified of such meeting prior thereto.
(3) Interested persons shall be permitted to attend, appear before, or file statements with any
advisory committee, subject to such reasonable rules or regulations as the Administrator may
prescribe.
(b) Subject to section 552 of title 5, United States Code, the records, reports, transcripts, minutes,
appendixes, working papers, drafts, studies, agenda, or other documents which were made available
to or prepared for or by each advisory committee shall be available for public inspection and
5
 FEDERAL ADVISORY COMMITTEE ACT

copying at a single location in the offices of the advisory committee or the agency to which the
advisory committee reports until the advisory committee ceases to exist.
(c) Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a
record of the persons present, a complete and accurate description of matters discussed and
conclusions reached, and copies of all reports received, issued, or approved by the advisory
committee. The accuracy of all minutes shall be certified to by the chairman of the advisory
committee.
(d) Subsections (a)(1) and (a)(3) of this section shall not apply to any portion of an advisory
committee meeting where the President, or the head of the agency to which the advisory committee
reports, determines that such portion of such meeting may be closed to the public in accordance
with subsection (c) of section 552b of title 5, United States Code. Any such determination shall be in
writing and shall contain the reasons for such determination. If such a determination is made, the
advisory committee shall issue a report at least annually setting forth a summary of its activities and
such related matters as would be informative to the public consistent with the policy of section 552
(b) of title 5, United States Code.
(e) There shall be designated an officer or employee of the Federal Government to chair or attend
each meeting of each advisory committee. The officer or employee so designated is authorized,
whenever he determines it to be in the public interest, to adjourn any such meeting. No advisory
committee shall conduct any meeting in the absence of that officer or employee.
(f) Advisory committees shall not hold any meetings except at the call of, or with the advance
approval of, a designated officer or employee of the Federal Government, and in the case of
advisory committees (other than Presidential advisory committees), with an agenda approved by
such officer or employee.

6
 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

5 U.S.C. § 591. Purposes of the ADMINISTRATIVE CONFERENCE OF THE

UNITED STATES
The purposes of this subchapter are—
(1) to provide suitable arrangements through which Federal agencies, assisted by
outside experts, may cooperatively study mutual problems, exchange information,
and develop recommendations for action by proper authorities to the end that
private rights may be fully protected and regulatory activities and other Federal
responsibilities may be carried out expeditiously in the public interest;
(2) to promote more effective public participation and efficiency in the rulemaking
process;
(3) to reduce unnecessary litigation in the regulatory process;
(4) to improve the use of science in the regulatory process; and
(5) to improve the effectiveness of laws applicable to the regulatory process.

5 U.S.C. § 593. ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

(a) The Administrative Conference of the United States consists of not more than 101 nor less than
75 members appointed as set forth in subsection (b) of this section.
(b) The Conference is composed of—
(1) a full-time Chairman appointed for a 5-year term by the President, by and with the
advice and consent of the Senate. The Chairman is entitled to pay at the highest rate
established by statute for the chairman of an independent regulatory board or commission,
and may continue to serve until his successor is appointed and has qualified;
(2) the chairman of each independent regulatory board or commission or an individual
designated by the board or commission;
(3) the head of each Executive department or other administrative agency which is
designated by the President, or an individual designated by the head of the department or
agency;
(4) when authorized by the Council referred to in section 595 (b) of this title, one or more
appointees from a board, commission, department, or agency referred to in this subsection,
designated by the head thereof with, in the case of a board or commission, the approval of
the board or commission;
(5) individuals appointed by the President to membership on the Council who are not
otherwise members of the Conference; and
(6) not more than 40 other members appointed by the Chairman, with the approval of the
Council, for terms of 2 years, except that the number of members appointed by the
Chairman may at no time be less than one-third nor more than two-fifths of the total number
of members. The Chairman shall select the members in a manner which will provide broad
representation of the views of private citizens and utilize diverse experience. The members
shall be members of the practicing bar, scholars in the field of administrative law or
government, or others specially informed by knowledge and experience with respect to
Federal administrative procedure.

7
 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

(c) Members of the Conference, except the Chairman, are not entitled to pay for service. Members
appointed from outside the Federal Government are entitled to travel expenses, including per diem
instead of subsistence, as authorized by section 5703 of this title for individuals serving without pay.

5 U.S.C. § 594. Powers and duties of the Conference

To carry out the purposes of this subchapter, the Administrative Conference of the United States
may—
(1) study the efficiency, adequacy, and fairness of the administrative procedure used by
administrative agencies in carrying out administrative programs, and make recommendations to
administrative agencies, collectively or individually, and to the President, Congress, or the Judicial
Conference of the United States, in connection therewith, as it considers appropriate;
(2) arrange for interchange among administrative agencies of information potentially useful in
improving administrative procedure;
(3) collect information and statistics from administrative agencies and publish such reports as it
considers useful for evaluating and improving administrative procedure;
(4) enter into arrangements with any administrative agency or major organizational unit within an
administrative agency pursuant to which the Conference performs any of the functions described in
this section; and
(5) provide assistance in response to requests relating to the improvement of administrative
procedure in foreign countries, subject to the concurrence of the Secretary of State, the
Administrator of the Agency for International Development, or the Director of the United States
Information Agency, as appropriate, except that—
(A) such assistance shall be limited to the analysis of issues relating to administrative
procedure, the provision of training of foreign officials in administrative procedure, and the
design or improvement of administrative procedure, where the expertise of members of the
Conference is indicated; and
(B) such assistance may only be undertaken on a fully reimbursable basis, including all direct
and indirect administrative costs.
Payment for services provided by the Conference pursuant to paragraph (4) shall be credited
to the operating account for the Conference and shall remain available until expended.

5 U.S.C. § 595. Organization of the Conference

(a) The membership of the Administrative Conference of the United States meeting in plenary
session constitutes the Assembly of the Conference. The Assembly has ultimate authority over all
activities of the Conference. Specifically, it has the power to—
(1) adopt such recommendations as it considers appropriate for improving administrative
procedure. A member who disagrees with a recommendation adopted by the Assembly is
entitled to enter a dissenting opinion and an alternate proposal in the record of the
Conference proceedings, and the opinion and proposal so entered shall accompany the
Conference recommendation in a publication or distribution thereof; and
(2) adopt bylaws and regulations not inconsistent with this subchapter for carrying out the
functions of the Conference, including the creation of such committees as it considers

8
 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

necessary for the conduct of studies and the development of recommendations for
consideration by the Assembly.
(b) The Conference includes a Council composed of the Chairman of the Conference, who is
Chairman of the Council, and 10 other members appointed by the President, of whom not more
than one-half shall be employees of Federal regulatory agencies or Executive departments. The
President may designate a member of the Council as Vice Chairman. During the absence or
incapacity of the Chairman, or when that office is vacant, the Vice Chairman shall serve as
Chairman. The term of each member, except the Chairman, is 3 years. When the term of a member
ends, he may continue to serve until a successor is appointed. However, the service of any member
ends when a change in his employment status would make him ineligible for Council membership
under the conditions of his original appointment. The Council has the power to—
(1) determine the time and place of plenary sessions of the Conference and the agenda for
the sessions. The Council shall call at least one plenary session each year;
(2) propose bylaws and regulations, including rules of procedure and committee
organization, for adoption by the Assembly;
(3) make recommendations to the Conference or its committees on a subject germane to the
purpose of the Conference;
(4) receive and consider reports and recommendations of committees of the Conference and
send them to members of the Conference with the views and recommendations of the
Council;
(5) designate a member of the Council to preside at meetings of the Council in the absence
or incapacity of the Chairman and Vice Chairman;
(6) designate such additional officers of the Conference as it considers desirable;
(7) approve or revise the budgetary proposals of the Chairman; and
(8) exercise such other powers as may be delegated to it by the Assembly.
(c) The Chairman is the chief executive of the Conference. In that capacity he has the power to—
(1) make inquiries into matters he considers important for Conference consideration,
including matters proposed by individuals inside or outside the Federal Government;
(2) be the official spokesman for the Conference in relations with the several branches and
agencies of the Federal Government and with interested organizations and individuals
outside the Government, including responsibility for encouraging Federal agencies to carry
out the recommendations of the Conference;
(3) request agency heads to provide information needed by the Conference, which
information shall be supplied to the extent permitted by law;
(4) recommend to the Council appropriate subjects for action by the Conference;
(5) appoint, with the approval of the Council, members of committees authorized by the
bylaws and regulations of the Conference;
(6) prepare, for approval of the Council, estimates of the budgetary requirements of the
Conference;
(7) appoint and fix the pay of employees, define their duties and responsibilities, and direct
and supervise their activities;
(8) rent office space in the District of Columbia;
9
 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

(9) provide necessary services for the Assembly, the Council, and the committees of the
Conference;
(10) organize and direct studies ordered by the Assembly or the Council, to contract for the
performance of such studies with any public or private persons, firm, association,
corporation, or institution under title III of the Federal Property and Administrative Services
Act of 1949, as amended (41 U.S.C. 251–260), and to use from time to time, as
appropriate, experts and consultants who may be employed in accordance with section
3109 of this title at rates not in excess of the maximum rate of pay for grade GS–15 as
provided in section 5332 of this title;
(11) utilize, with their consent, the services and facilities of Federal agencies and of State and
private agencies and instrumentalities with or without reimbursement;
(12) accept, hold, administer, and utilize gifts, devises, and bequests of property, both real
and personal, for the purpose of aiding and facilitating the work of the Conference. Gifts and
bequests of money and proceeds from sales of other property received as gifts, devises, or
bequests shall be deposited in the Treasury and shall be disbursed upon the order of the
Chairman. Property accepted pursuant to this section, and the proceeds thereof, shall be
used as nearly as possible in accordance with the terms of the gifts, devises, or bequests. For
purposes of Federal income, estate, or gift taxes, property accepted under this section shall
be considered as a gift, devise, or bequest to the United States;
(13) accept voluntary and uncompensated services, notwithstanding the provisions of
section 1342 of title 31;
(14) on request of the head of an agency, furnish assistance and advice on matters of
administrative procedure;
(15) exercise such additional authority as the Council or Assembly delegates to him; and
(16) request any administrative agency to notify the Chairman of its intent to enter into any
contract with any person outside the agency to study the efficiency, adequacy, or fairness of
an agency proceeding (as defined in section 551 (12) of this title).
The Chairman shall preside at meetings of the Council and at each plenary session of the
Conference, to which he shall make a full report concerning the affairs of the Conference since the
last preceding plenary session. The Chairman, on behalf of the Conference, shall transmit to the
President and Congress an annual report and such interim reports as he considers desirable.

5 U.S.C. § 596. Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter not more than $3,000,000 for
fiscal year 2005, $3,100,000 for fiscal year 2006, and $3,200,000 for fiscal year 2007. Of any
amounts appropriated under this section, not more than $2,500 may be made available in each
fiscal year for official representation and entertainment expenses for foreign dignitaries.

10
 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

LAST KNOWN ADDRESS OF THE

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
(A.C.U.S.)
Chair (unknown)
Administrative Conference of the United States
2120 L Street, N.W., Suite 500
Washington, D.C. 20037-1568

11
 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

American Bar Association on the

Winter 1996 - Vol. 21,No. 2

R.I.P. A.C.U.S.
by William Funk, Professor, Lewis and Clark Law School
Editor, Administrative and Regulatory Law News
American Bar Association
10th Floor, 740 15th Street, NW Washington, DC 20005-1009
E-Mail: adminlaw@abanet.org
http://www.abanet.org/adminlaw/news/vol21no2/acus_rip.html

On September 13, 1995, a House-Senate served without compensation.

conference committee voted to terminate funding
for the Administrative Conference of the United
States (ACUS). This action may have saved $1.8
million a year, but it eliminated the only federal
agency chartered specifically to ensure that federal
agency programs are administered fairly,
efficiently, and effectively. This "penny-wise,
pound-foolish" decision was made despite
entreaties on behalf of the Conference from such
bipartisan sources as: Justices Stephen Breyer, a
Conference member, and Antonin Scalia, a former
Conference Chair; Senators Orrin Hatch, Charles
Grassley, Carl Levin, and John Glenn; former
White House Counsel C. Boyden Gray; David
Vladeck, director of the Public Citizen Litigation
Group; President Reagan's budget director, James
C. Miller; and OMB Director Alice Rivlin. Given
until the end of October to wind up affairs, the
Conference, its staff, and its accumulated expertise
is now spread to the winds.
Little known "outside the Beltway," ACUS
was a unique entity. Comprised of between 75
and 101 individuals drawn from agencies,
academia, and the private sector, the Conference
was classified as both an independent agency and
a federal advisory committee. Organizationally, it
consisted of a Chair, a Council, and an Assembly.
The Chair, appointed by the President and
confirmed by the Senate for a five-year term, was
responsible for the day-to-day activities and
supervision of the 18 permanent staff. The
Council, which functioned like a board of
directors, consisted of ten members appointed by
the President for three-year terms, five of whom
were always current senior federal officials. The
Assembly was made up of the Chair, the Council,
and the other members of the Conference, a
majority of whom had to come from government
service. All of the members (other than the Chair)
12
The primary, although not exclusive,
function of the Conference was to study
administrative processes with an eye to
recommending improvements to Congress and the
agencies. It performed this function by
commissioning studies by law professors expert in
the administrative process that then were reviewed
by one of six standing committees: adjudication,
administration, governmental processes, judicial
review, regulation, and rulemaking. The
recommendations developed by committees of the
Conference would be considered for adoption by
the Assembly in plenary sessions, which were
typically held twice a year.
The improvements occasioned by the
Conferences recommendations are legion.
Inasmuch as the Conference never had the power
to impose its recommendations on unwilling
subjects, the fact that so many of its
recommendations bore fruit is a testimony to their
intrinsic sense. Some, like the Conference's
recommendation in 1968, its first year of
operation, to eliminate a jurisdictional amount in
suits under the APA, were followed by Congress in
passing new legislation. Another example is its
recommendation to provide administrative penalty
authority to agencies to increase the effectiveness
of agency enforcement activities at lower cost, first
proposed by the Conference in 1972 and since
adopted by Congress in over 200 statutes. A third
is its 1980 recommended solution to unseemly
races to the courthouse in rulemaking appeals,
adopted by Congress in 1988.
Other recommendations, like the
Conference's early recommendation to eliminate
the exemption from the APA's notice-and-
comment requirements for rules relating to public
 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
property, loans, grants, benefits, and contracts,
were sufficiently influential to lead agencies to
adopt the recommendations on their own. Its
recommendation in 1988 on Presidential
Transition Workers' Code of Ethical Conduct were
used by President Bush as the basis for his
transition standards of conduct, and the Clinton
administration likewise followed what had become
standard procedures. From 1968 to 1995, the
Conference issued approximately 200
recommendations, most of which have been at
least partially implemented.
Probably the area in which the Conference
had its greatest influence was in introducing and
supporting the use of alternative dispute resolution
techniques in agency practice. Its recommendation
in 1982 provided procedures by which agencies
could negotiate proposed regulations, and it
followed the recommendation with support and
encouragement to agencies to experiment with this
new technique. Ultimately, Congress adopted the
Negotiated Rulemaking Act in 1990, virtually
copying the procedures contained in the
Conference's original recommendation. Similarly,
in 1986 the Conference issued the first of some
fifteen recommendations on using alternative
means of dispute resolution in agency
adjudications. In 1990 Congress again followed
the Conference's lead and enacted the
Administrative Dispute Resolution Act.
Recognizing the Conference's leadership role in
this area, that Act gave the Conference the
principal role for coordinating and promoting ADR
in the federal government.
Another area in which the Conference had a
major influence involved its study of Presidential
review of agency rulemaking undertaken during
the Reagan administration. This was a subject that
had the potential to become highly partisan, but
the Conference's reputation for neutrality and
expertise enabled it to review the practice,
generally validate its exercise, and makes certain
recommendations to improve its openness and
public acceptability. Because of the Conference's
track record of useful and expert studies of the
administrative process, all the regulatory reform
bills considered by the Senate in the last session
RESURRECTED IN 2004 WITH FUNDING FOR 2005-2007
13
included provisions for the Conference to study
the effects of the legislation.
The Conference's contribution to
administrative law and procedure was not limited
just to studies. Drawing on its expertise, ACUS
issued numerous publications designed to assist
agencies in their administrative processes. For
example, in 1972 the Conference published the
first edition of its Manual for Administrative Law
Judges (now in its 3d edition); in 1978 it published
its Interpretive Guide to the Government in the
Sunshine Act; in 1981 it issued Model Rules for
Agency Implementation of the Equal Access to
Justice Act. The latter two of these documents
were responsive to Congress's requirement for
agencies to consult with the Conference in
implementing these statutes. In addition, the
Conference has published sourcebooks on Federal
Administrative Procedure, Negotiated Rulemaking,
and Alternative Dispute Resolution, as well as the
Guide to Federal Agency Rulemaking.
Finally, in recent years, following the collapse
of the Soviet Union, Congress authorized the
Conference to lend its expertise to newly emerging
democracies in their creation of administrative law
and procedures. As a result, the Conference
sponsored seminars in the Ukraine, Hungary, the
People's Republic of China, and South Africa.
The ABA has long been a strong supporter of
the Conference, and over the years the
Conference and the Section on Administrative
Law and Regulatory Practice have enjoyed a close
and mutually supportive relationship. Many
Section Chairs have been active ACUS members,
and two Conference Chairs (Jerre Williams and
Antonin Scalia) have also chaired this Section.
Three other ACUS Chairs have been Section
Council Members (Robert Anthony, Reuben
Robertson, and Marshall Breger). Jeff Lubbers, the
longtime Research Director of the Conference, has
been very active in the Section, serving as
Rulemaking monitor, Secretary, and currently
Council Member. The Section will miss the
Conference greatly and hopes that before long it
will be reestablished.
 PUBLIC LAW 108–401—OCT. 30, 2004 118 STAT. 2255

Public Law 108–401

108th Congress
An Act
To amend title 5, United States Code, to authorize appropriations for the Administra-
Oct. 30, 2004
tive Conference of the United States for fiscal years 2005, 2006, and 2007, and
for other purposes. [H.R. 4917]

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, Federal
Regulatory
SECTION 1. SHORT TITLE. Improvement Act
of 2004.
This Act may be cited as the ‘‘Federal Regulatory Improvement 5 USC 101 note.
Act of 2004’’.
SEC. 2. PURPOSES.
(a) PURPOSES.—Section 591 of title 5, United States Code, is
amended to read as follows:
‘‘§ 591. Purposes
‘‘The purposes of this subchapter are—
‘‘(1) to provide suitable arrangements through which Fed-
eral agencies, assisted by outside experts, may cooperatively
study mutual problems, exchange information, and develop rec-
ommendations for action by proper authorities to the end that
private rights may be fully protected and regulatory activities
and other Federal responsibilities may be carried out expedi-
tiously in the public interest;
‘‘(2) to promote more effective public participation and effi-
ciency in the rulemaking process;
‘‘(3) to reduce unnecessary litigation in the regulatory
process;
‘‘(4) to improve the use of science in the regulatory process;
and
‘‘(5) to improve the effectiveness of laws applicable to the
regulatory process.’’.
(b) CONFORMING AMENDMENTS.—Title 5 of the United States
Code is amended—
(1) in section 594 by striking ‘‘purpose’’ and inserting ‘‘pur-
poses’’; and
(2) in the table of sections of chapter 5 of part I by
amending the item relating to section 591 to read as follows:
‘‘591. Purposes’’.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

Section 596 of title 5, United States Code, is amended to
read as follows:

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 118 STAT. 2256 PUBLIC LAW 108–401—OCT. 30, 2004

‘‘§ 596. Authorization of appropriations

‘‘There are authorized to be appropriated to carry out this
subchapter not more than $3,000,000 for fiscal year 2005,
$3,100,000 for fiscal year 2006, and $3,200,000 for fiscal year 2007.
Of any amounts appropriated under this section, not more than
$2,500 may be made available in each fiscal year for official rep-
resentation and entertainment expenses for foreign dignitaries.’’.

Approved October 30, 2004.

LEGISLATIVE HISTORY—H.R. 4917 (S. 2979):

CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 8, considered and passed House.
Oct. 11, considered and passed Senate.

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 THE FEDERAL GOVERNMENT & NEGOTIATED RULEMAKING

5 U.S.C. § 553(a). RULE MAKING

This section applies, according to the provisions thereof, except to the extent that there
is involved:
(1) a military or foreign affairs function of the United States;
(2) a matter relating to agency management or personnel or to public property, loans,
grants, benefits, or contracts.

5 U.S.C. § 561. PURPOSE OF NEGOTIATED RULEMAKING

The purpose of this subchapter is to establish a framework for the conduct of
negotiated rulemaking, consistent with section 553 of this title, to encourage agencies
to use the process when it enhances the informal rulemaking process. Nothing in this
subchapter should be construed as an attempt to limit innovation and experimentation
with the negotiated rulemaking process or with other innovative rulemaking
procedures otherwise authorized by law.

5 U.S.C. § 569. ENCOURAGING NEGOTIATED RULEMAKING

(a) The President shall designate an agency or designate or establish an interagency
committee to facilitate and encourage agency use of negotiated rulemaking. An
agency that is considering, planning, or conducting a negotiated rulemaking may
consult with such agency or committee for information and assistance.
(b) To carry out the purposes of this subchapter, an agency planning or conducting a
negotiated rulemaking may accept, hold, administer, and utilize gifts, devises, and
bequests of property, both real and personal if that agency’s acceptance and use of
such gifts, devises, or bequests do not create a conflict of interest. Gifts and bequests of
money and proceeds from sales of other property received as gifts, devises, or bequests
shall be deposited in the Treasury and shall be disbursed upon the order of the head of
such agency. Property accepted pursuant to this section, and the proceeds thereof,
shall be used as nearly as possible in accordance with the terms of the gifts, devises, or
bequests.

5 U.S.C. § 563. DETERMINATION OF NEED FOR NEGOTIATED

RULEMAKING COMMITTEE
(a) Determination of Need by the Agency.— An agency may establish a negotiated
rulemaking committee to negotiate and develop a proposed rule, if the head of the
agency determines that the use of the negotiated rulemaking procedure is in the public
interest. In making such a determination, the head of the agency shall consider
whether—
(1) there is a need for a rule;
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 THE FEDERAL GOVERNMENT & NEGOTIATED RULEMAKING

(2) there are a limited number of identifiable interests that will be significantly affected
by the rule;
(3) there is a reasonable likelihood that a committee can be convened with a balanced
representation of persons who—
(A) can adequately represent the interests identified under paragraph (2); and
(B) are willing to negotiate in good faith to reach a consensus on the proposed rule;
(4) there is a reasonable likelihood that a committee will reach a consensus on the
proposed rule within a fixed period of time;
(5) the negotiated rulemaking procedure will not unreasonably delay the notice of
proposed rulemaking and the issuance of the final rule;
(6) the agency has adequate resources and is willing to commit such resources,
including technical assistance, to the committee; and
(7) the agency, to the maximum extent possible consistent with the legal obligations of
the agency, will use the consensus of the committee with respect to the proposed rule
as the basis for the rule proposed by the agency for notice and comment.
(b) Use of Conveners.—
(1) Purposes of conveners.— An agency may use the services of a convener to assist
the agency in—
(A) identifying persons who will be significantly affected by a proposed rule, including
residents of rural areas; and
(B) conducting discussions with such persons to identify the issues of concern to such
persons, and to ascertain whether the establishment of a negotiated rulemaking
committee is feasible and appropriate in the particular rulemaking.
(2) Duties of conveners.— The convener shall report findings and may make
recommendations to the agency. Upon request of the agency, the convener shall
ascertain the names of persons who are willing and qualified to represent interests that
will be significantly affected by the proposed rule, including residents of rural areas.
The report and any recommendations of the convener shall be made available to the
public upon request.

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 THE FEDERAL GOVERNMENT & NEGOTIATED RULEMAKING

5 U.S.C. § 564. PUBLICATION OF NOTICE; APPLICATIONS FOR

MEMBERSHIP ON COMMITTEES
(a) Publication of Notice.— If, after considering the report of a convener or conducting
its own assessment, an agency decides to establish a negotiated rulemaking committee,
the agency shall publish in the Federal Register and, as appropriate, in trade or other
specialized publications, a notice which shall include—
(1) an announcement that the agency intends to establish a negotiated rulemaking
committee to negotiate and develop a proposed rule;
(2) a description of the subject and scope of the rule to be developed, and the issues to
be considered;
(3) a list of the interests which are likely to be significantly affected by the rule;
(4) a list of the persons proposed to represent such interests and the person or persons
proposed to represent the agency;
(5) a proposed agenda and schedule for completing the work of the committee,
including a target date for publication by the agency of a proposed rule for notice and
comment;
(6) a description of administrative support for the committee to be provided by the
agency, including technical assistance;
(7) a solicitation for comments on the proposal to establish the committee, and the
proposed membership of the negotiated rulemaking committee; and
(8) an explanation of how a person may apply or nominate another person for
membership on the committee, as provided under subsection (b).

(b) Applications for Membership or 1 Committee.— Persons who will be significantly
affected by a proposed rule and who believe that their interests will not be adequately
represented by any person specified in a notice under subsection (a)(4) may apply for,
or nominate another person for, membership on the negotiated rulemaking committee
to represent such interests with respect to the proposed rule. Each application or
nomination shall include—
(1) the name of the applicant or nominee and a description of the interests such person
shall represent;
(2) evidence that the applicant or nominee is authorized to represent parties related to
the interests the person proposes to represent;
(3) a written commitment that the applicant or nominee shall actively participate in
good faith in the development of the rule under consideration; and
(4) the reasons that the persons specified in the notice under subsection (a)(4) do not
adequately represent the interests of the person submitting the application or
nomination.

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 THE FEDERAL GOVERNMENT & NEGOTIATED RULEMAKING

(c) Period for Submission of Comments and Applications.— The agency shall provide
for a period of at least 30 calendar days for the submission of comments and
applications under this section.

5 U.S.C § 565. ESTABLISHMENT OF COMMITTEE

(a) Establishment.—
(1) Determination to establish committee.— If after considering comments and applications
submitted under section 564, the agency determines that a negotiated rulemaking committee
can adequately represent the interests that will be significantly affected by a proposed rule and
that it is feasible and appropriate in the particular rulemaking, the agency may establish a
negotiated rulemaking committee. In establishing and administering such a committee, the
agency shall comply with the Federal Advisory Committee Act with respect to such committee,
except as otherwise provided in this subchapter.
(2) Determination not to establish committee.— If after considering such comments and
applications, the agency decides not to establish a negotiated rulemaking committee, the
agency shall promptly publish notice of such decision and the reasons therefor in the Federal
Register and, as appropriate, in trade or other specialized publications, a copy of which shall
be sent to any person who applied for, or nominated another person for membership on the
negotiating [1] rulemaking committee to represent such interests with respect to the proposed
rule.
(b) Membership.— The agency shall limit membership on a negotiated rulemaking committee
to 25 members, unless the agency head determines that a greater number of members is
necessary for the functioning of the committee or to achieve balanced membership. Each
committee shall include at least one person representing the agency.
(c) Administrative Support.— The agency shall provide appropriate administrative support to
the negotiated rulemaking committee, including technical assistance.

5 U.S.C. § 566. CONDUCT OF COMMITTEE ACTIVITY

(a) Duties of Committee.— Each negotiated rulemaking committee established under this
subchapter shall consider the matter proposed by the agency for consideration and shall
attempt to reach a consensus concerning a proposed rule with respect to such matter and any
other matter the committee determines is relevant to the proposed rule.
(b) Representatives of Agency on Committee.— The person or persons representing the
agency on a negotiated rulemaking committee shall participate in the deliberations and
activities of the committee with the same rights and responsibilities as other members of the
committee, and shall be authorized to fully represent the agency in the discussions and
negotiations of the committee.
(c) Selecting Facilitator.— Notwithstanding section 10(e) of the Federal Advisory Committee
Act, an agency may nominate either a person from the Federal Government or a person from
outside the Federal Government to serve as a facilitator for the negotiations of the committee,
subject to the approval of the committee by consensus. If the committee does not approve the
nominee of the agency for fa­cilitator, the agency shall submit a substitute nomination. If a
committee does not approve any nominee of the agency for facilitator, the committee shall
select by consensus a person to serve as facilitator. A person designated to represent the
19
 THE FEDERAL GOVERNMENT & NEGOTIATED RULEMAKING

agency in substantive issues may not serve as facilitator or otherwise chair the committee.
(d) Duties of Facilitator.— A facilitator approved or selected by a negotiated rulemaking
committee shall—
(1) chair the meetings of the committee in an impartial manner;
(2) impartially assist the members of the committee in conducting discussions and negotiations;
and
(3) manage the keeping of minutes and records as required under section 10(b) and (c) of the
Federal Advisory Committee Act, except that any personal notes and materials of the facilitator
or of the members of a committee shall not be subject to section 552 of this title.
(e) Committee Procedures.— A negotiated rulemaking committee established under this
subchapter may adopt procedures for the operation of the committee. No provision of section
553 of this title shall apply to the procedures of a negotiated rulemaking committee.
(f) Report of Committee.— If a committee reaches a consensus on a proposed rule, at the
conclusion of negotiations the committee shall transmit to the agency that established the
committee a report containing the proposed rule. If the committee does not reach a consensus
on a proposed rule, the committee may transmit to the agency a report specifying any areas in
which the committee reached a consensus. The committee may include in a report any other
information, recommendations, or materials that the committee considers appropriate. Any
committee member may include as an addendum to the report additional information,
recommendations, or materials.
(g) Records of Committee.— In addition to the report required by subsection (f), a committee
shall submit to the agency the records required under section 10(b) and (c) of the Federal
Advisory Committee Act.

5 U.S.C. § 567. TERMINATION OF COMMITTEE

A negotiated rulemaking committee shall terminate upon promulgation of the final rule under
consideration, unless the committee’s charter contains an earlier termination date or the
agency, after consulting the committee, or the committee itself specifies an earlier termination
date.

5 U.S.C. § 568. SERVICES, FACILITIES, AND PAYMENT OF COMMITTEE

MEMBER EXPENSES
(a) Services of Conveners and Facilitators.—
(1) In general.— An agency may employ or enter into contracts for the services of an
individual or organization to serve as a convener or facilitator for a negotiated rulemaking
committee under this subchapter, or may use the services of a Government employee to act as
a convener or a facilitator for such a committee.
(2) Determination of conflicting interests.— An agency shall determine whether a person under
consideration to serve as convener or facilitator of a committee under paragraph (1) has any
financial or other interest that would preclude such person from serving in an impartial and
independent manner.
(b) Services and Facilities of Other Entities.— For purposes of this subchapter, an agency may
20
 THE FEDERAL GOVERNMENT & NEGOTIATED RULEMAKING

use the services and facilities of other Federal agencies and public and private agencies and
instrumentalities with the consent of such agencies and instrumentalities, and with or without
reimbursement to such agencies and instrumentalities, and may accept voluntary and
uncompensated services without regard to the provisions of section 1342 of title 31. The
Federal Mediation and Conciliation Service may provide services and facilities, with or without
reimbursement, to assist agencies under this subchapter, including furnishing conveners,
facilitators, and training in negotiated rulemaking.
(c) Expenses of Committee Members.— Members of a negotiated rulemaking committee shall
be responsible for their own expenses of participation in such committee, except that an
agency may, in accordance with section 7(d) of the Federal Advisory Committee Act, pay for a
member’s reasonable travel and per diem expenses, expenses to obtain technical assistance,
and a reasonable rate of compensation, if—
(1) such member certifies a lack of adequate financial resources to participate in the
committee; and
(2) the agency determines that such member’s participation in the committee is necessary to
assure an adequate representation of the member’s interest.
(d) Status of Member as Federal Employee.— A member’s receipt of funds under this section
or section 569 shall not conclusively determine for purposes of sections 202 through 209 of
title 18 whether that member is an employee of the United States Government.

5 U.S.C. § 570. JUDICIAL REVIEW

Any agency action relating to establishing, assisting, or terminating a negotiated rulemaking
committee under this subchapter shall not be subject to judicial review. Nothing in this section
shall bar judicial review of a rule if such judicial review is otherwise provided by law. A rule
which is the product of negotiated rulemaking and is subject to judicial review shall not be
accorded any greater deference by a court than a rule which is the product of other rulemaking
procedures.

5 U.S.C. § 570A. AUTHORIZATION OF APPROPRIATIONS

There are authorized to be appropriated such sums as may be necessary to carry out the
purposes of this subchapter.

14 U.S.C. § 2. PRIMARY DUTIES

The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws on, under,
and over the high seas and waters subject to the jurisdiction of the United States; shall engage in
maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the
United States; shall administer laws and promulgate and enforce regulations for the promotion of
safety of life and property on and under the high seas and waters subject to the jurisdiction of the
United States covering all matters not specifically delegated by law to some other executive
department; shall develop, establish, maintain, and operate, with due regard to the requirements of
national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the
promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the
United States; shall, pursuant to international agreements, develop, establish, maintain, and operate
icebreaking facilities on, under, and over waters other than the high seas and waters subject to the
jurisdiction of the United States; shall engage in oceanographic research of the high seas and in
21
 THE U.S. COAST GUARD & NEGOTIATED RULEMAKING

waters subject to the jurisdiction of the United States; and shall maintain a state of readiness to
function as a specialized service in the Navy in time of war, including the fulfillment of Maritime
Defense Zone command responsibilities

14 U.S.C. § 93. COMMANDANT; GENERAL POWERS

(a) For the purpose of executing the duties and functions of the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-breaking facilities;
(2) establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-
establish, maintain, operate, and repair Coast Guard shore establishments;
(3) assign vessels, aircraft, vehicles, aids to navigation, equipment, appliances, and supplies to Coast
Guard districts and shore establishments, and transfer any of the foregoing from one district or shore
establishment to another;
(4) conduct experiments, investigate, or cause to be investigated, plans, devices, and inventions
relating to the performance of any Coast Guard function and cooperate and coordinate such
activities with other Government agencies and with private agencies;
(5) conduct any investigations or studies that may be of assistance to the Coast Guard in the
performance of any of its powers, duties, or functions;
(6) collect, publish, and distribute information concerning Coast Guard operations;
(7) conduct or make available to personnel of the Coast Guard such specialized training and courses
of instruction, including correspondence courses, as may be necessary or desirable for the good of
the service;
(8) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire
patrol boats and other small craft, equip, operate, maintain, supply, and repair such patrol boats,
other small craft, aircraft, and vehicles, and subject to applicable regulations under subtitle I of title
40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.) dispose of them;
(9) acquire, accept as gift, maintain, repair, and discontinue aids to navigation, appliances,
equipment, and supplies;
(10) equip, operate, maintain, supply, and repair Coast Guard districts and shore establishments;
(11) establish, equip, operate, and maintain shops, depots, and yards for the manufacture and
construction of aids to navigation, equipment, apparatus, vessels, vehicles, and aircraft not normally
or economically obtainable from private contractors, and for the maintenance and repair of any
property used by the Coast Guard;
(12) accept and utilize, in times of emergency in order to save life or protect property, such voluntary
services as may be offered to the Coast Guard;
(13) rent or lease, under such terms and conditions as are deemed advisable, for a period not
exceeding five years, such real property under the control of the Coast Guard as may not be
required for immediate use by the Coast Guard, the monies received from any such rental or lease,
less amount of expenses incurred (exclusive of governmental personal services), to be deposited in
the Treasury;
(14) grant, under such terms and conditions as are deemed advisable, permits, licenses, easements,
and rights-of-way over, across, in, and upon lands under the control of the Coast Guard when in the
22
 THE U.S. COAST GUARD & NEGOTIATED RULEMAKING

public interest and without substantially injuring the interests of the United States in the property
thereby affected;
(15) establish, install, abandon, re-establish, reroute, operate, maintain, repair, purchase, or lease
such telephone and telegraph lines and cables, together with all facilities, apparatus, equipment,
structures, appurtenances, accessories, and supplies used or useful in connection with the
installation, operation, maintenance, or repair of such lines and cables, including telephones in
residences leased or owned by the Government of the United States when appropriate to assure
efficient response to extraordinary operational contingencies of a limited duration, and acquire such
real property rights of way, easements, or attachment privileges as may be required for the
installation, operation, and maintenance of such lines, cables, and equipment;
(16) establish, install, abandon, reestablish, change the location of, operate, maintain, and repair
radio transmitting and receiving stations;
(17) provide medical and dental care for personnel entitled thereto by law or regulation, including
care in private facilities;
(18) accept, under terms and conditions the Commandant establishes, the service of an individual
ordered to perform community service under the order of a Federal, State, or municipal court;
(19) notwithstanding any other law, enter into cooperative agreements with States, local
governments, non-governmental organizations, and individuals, to accept and utilize voluntary
services for the maintenance and improvement of natural and historic resources on, or to benefit
natural and historic research on, Coast Guard facilities, subject to the requirement that—
(1) the cooperative agreements shall each provide for the parties to contribute funds or services on a
matching basis to defray the costs of such programs, projects, and activities under the agreement;
and
(2) a person providing voluntary services under this subsection shall not be considered a Federal
employee except for purposes of chapter 81 of title 5, United States Code, with respect to
compensation for work-related injuries, and chapter 171 of title 28, United States Code, with respect
to tort claims;
(20) enter into cooperative agreements with other Government agencies and the National Academy
of Sciences;
(21) require that any member of the Coast Guard or Coast Guard Reserve (including a cadet or an
applicant for appointment or enlistment to any of the foregoing and any member of a uniformed
service who is assigned to the Coast Guard) request that all information contained in the National
Driver Register pertaining to the individual, as described in section 30304 (a) of title 49, be made
available to the Commandant under section 30305 (a) of title 49, may receive that information, and
upon receipt, shall make the information available to the individual;
(22) provide for the honorary recognition of individuals and organizations that significantly
contribute to Coast Guard programs, missions, or operations, including State and local governments
and commercial and nonprofit organizations, and pay for, using any appropriations or funds
available to the Coast Guard, plaques, medals, trophies, badges, and similar items to acknowledge
such contribution (including reasonable expenses of ceremony and presentation);
(23) rent or lease, under such terms and conditions as are considered by the Secretary to be
advisable, commercial vehicles to transport the next of kin of eligible retired Coast Guard military
personnel to attend funeral services of the service member at a national cemetery; and
(y) [1] after informing the Secretary, make such recommendations to the Congress relating to the
Coast Guard as the Commandant considers appropriate.
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 THE U.S. COAST GUARD & NEGOTIATED RULEMAKING

(b) (1) Notwithstanding subsection (a)(14), a lease described in paragraph (2) of this subsection may be
for a term of up to 20 years.
(2) A lease referred to in paragraph (1) is a lease—
(A) to the United States Coast Guard Academy Alumni Association for the construction of an
Alumni Center on the grounds of the United States Coast Guard Academy; or
(B) to an entity with which the Commandant has a cooperative agreement under section 4(e) of the
Ports and Waterways Safety Act, and for which a term longer than 5 years is necessary to carry out
the agreement

14 U.S.C. § 141. COOPERATION WITH OTHER AGENCIES,

STATES, TERRITORIES, AND POLITICAL SUBDIVISIONS
(a) The Coast Guard may, when so requested by proper authority, utilize its personnel and facilities
(including members of the Auxiliary and facilities governed under chapter 23) to assist any Federal
agency, State, Territory, possession, or political subdivision thereof, or the District of Columbia, to
perform any activity for which such personnel and facilities are especially qualified. The Commandant
may prescribe conditions, including reimbursement, under which personnel and facilities may be provided
under this subsection.
(b) The Coast Guard, with the consent of the head of the agency concerned, may avail itself of such
officers and employees, advice, information, and facilities of any Federal agency, State, Territory,
possession, or political subdivision thereof, or the District of Columbia as may be helpful in the
performance of its duties. In connection with the utilization of personal services of employees of state or
local governments, the Coast Guard may make payments for necessary traveling and per diem expenses
as prescribed for Federal employees by the standardized Government travel regulations.

14 U.S.C. § 631. DELEGATION OF POWERS BY THE SECRETARY

The Secretary is authorized to confer or impose upon the Commandant any of the rights, privileges,
powers, or duties, in respect to the administration of the Coast Guard, vested in or imposed upon the
Secretary by this title or other provisions of law.

14 U.S.C. § 632. FUNCTIONS AND POWERS VESTED IN THE COMMANDANT

All powers and functions conferred upon the Coast Guard, or the Commandant, by or pursuant to this
title or any other law shall, unless otherwise specifically stated, be executed by the Commandant subject
to the general supervision of the Secretary. In order to execute the powers and functions vested in him,
the Commandant may assign personnel of the Coast Guard to duty in the District of Columbia, elsewhere
in the United States, in any territory of the United States, and in any foreign country, but such personnel
shall not be assigned to duties in any foreign country without the consent of the government of that
country; assign to such personnel such duties and authority as he deems necessary; and issue rules,
orders, and instructions, not inconsistent with law, relating to the organization, internal administration,
and personnel of the Coast Guard.

14 U.S.C. § 633. REGULATIONS

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 THE U.S. COAST GUARD & NEGOTIATED RULEMAKING

In addition to the authority conferred by other provisions of this title the Secretary may promulgate such
regulations and orders as he deems appropriate to carry out the provisions of this title or any other law
applicable to the Coast Guard.

33 C.F.R. § 1.05-1. DELEGATION OF RULEMAKING AUTHORITY.

(a) The Secretary of Homeland Security is empowered by various statutes to issue regulations regarding
the functions, powers and duties of the Coast Guard.

(b) The Secretary of Homeland Security has delegated much of this authority to the Commandant, U.S.
Coast Guard, including authority to issue regulations regarding the functions of the Coast Guard and the
authority to redelegate and authorize successive redelegations of that authority within the Coast Guard.

(c) The Commandant has reserved the authority to issue any rules and regulations determined to be
significant under Executive Order 12866, Regulatory Planning and Review.

(d) The Commandant has redelegated to the various office chiefs at U.S. Coast Guard Headquarters, with
the reservation that this authority shall not be further redelegated, the authority to develop and issue
regulations necessary to implement laws, treaties, or Executive Orders associated with their assigned
programs; issue amendments to existing regulations as necessary; and submit regulatory proposals for
Marine Safety and Security Council consideration.

(e)(1) The Commandant has redelegated to Coast Guard District Commanders, with the reservation that
this authority shall not be further redelegated, the authority to issue regulations pertaining to the following:

(i) Anchorage grounds and special anchorage areas.

(ii) The designation of lightering zones.

(iii) The operation of drawbridges.

(iv) The establishment of Regulated Navigation Areas.

(v) The establishment of safety and security zones.

(vi) The establishment of special local regulations.

(2) This delegation does not extend to those matters specified in paragraph (c) of this section or
rules and regulations which have been shown to raise substantial issues or to generate
controversy.

(f) Except for those matters specified in paragraph (c) of this section, the Commandant has redelegated to
Coast Guard Captains of the Port, with the reservation that this authority shall not be further redelegated,
the authority to establish safety and security zones.

(g) The Commandant has redelegated to Coast Guard District Commanders, Captains of the Port, the
Assistant Commandant for Operations, and the Assistant Commandant for Marine Safety, Security and

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 THE U.S. COAST GUARD & NEGOTIATED RULEMAKING

Environmental Protection, the authority to make the certification required by section 605(b) of the
Regulatory Flexibility Act (Sec. 605(b), Pub. L. 96–354, 94 Stat. 1168 (5 U.S.C. 605)) for rules that they
issue.

33 C.F.R. § 1.05-5 MARINE SAFETY AND SECURITY COUNCIL. (MSSC)

The Marine Safety and Security Council, composed of senior Coast Guard officials, acts as policy advisor
to the Commandant and is the focal point of the Coast Guard regulatory system. The Marine Safety and
Security Council provides oversight, review, and guidance for all Coast Guard regulatory activity.
MSSC Chairman RDML William D. Baumgartner
Commandant (G-094) Room 1422C
U.S. Coast Guard
Washington, DC
Tel. 202-372-3726

33 C.F.R. § 1.05-10 REGULATORY PROCESS OVERVIEW.

(a) Most rules of local applicability are issued by District Commanders and Captains of the Port, while
rules of wider applicability are issued by senior Coast Guard officials at Coast Guard Headquarters, For
both significant rulemaking (defined by Executive Order 12866, Regulatory Planning and Review) and
non-significant rulemaking, other than those areas delegated to District Commanders and Captains of the
Port, the regulatory process begins when an office chief with program responsibilities identifies a possible
need for a new regulation or for changes to an existing regulation. The need may arise due to statutory
changes, or be based on internal review or public input. Early public involvement is strongly encouraged.

(b) After a tentative significant regulatory approach is developed, a significant regulatory project proposal
is submitted to the Marine Safety and Security Council for approval. The proposal describes the scope of
the proposed regulation, alternatives considered, and potential cost and benefits, including possible
environmental impacts. All significant regulatory projects require Marine Safety and Security Council
approval.

(c) Significant rulemaking projects must also be approved by the Commandant of the Coast Guard.

(d) If the project is approved, the necessary documents are drafted, including documents to be published
in theFederal Register.These may include regulatory evaluations, environmental analyses, requests for
comments, announcements of public meetings, notices of proposed rulemakings, and final rules.

33 C.F.R. § 1.05-60 NEGOTIATED RULEMAKING.

(a) The Coast Guard may establish a negotiated rulemaking committee under the Negotiated Rulemaking
Act of 1990 and the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public
interest.

(b) Generally, the Coast Guard will consider negotiated rulemaking when:

(1) There is a need for a rule;

26
 THE U.S. COAST GUARD & NEGOTIATED RULEMAKING

(2) There are a limited number of representatives for identifiable parties affected by the rule;

(3) There is a reasonable chance that balanced representation can be reached in the negotiated
rulemaking committee and that the committee members will negotiate in good faith;

(4) There is a likelihood of a committee consensus in a fixed time period;

(5) The negotiated rulemaking process will not unreasonably delay the rule;

(6) The Coast Guard has resources to do negotiated rulemaking; and

(7) The Coast Guard can use the consensus of the committee in formulating the NPRM and final
rule.

27
 SELECTEES FOR CONFERENCE & NEGOTIATED RULEMAKING

FEDERAL EXECUTIVE BRANCH

OFFICE OF THE PRESIDENT
Counsel to the President
Assistant to the President for Homeland Security & Counterterrorim
Assistant to the President for Legislative Affairs
Assistant to the President for Domestice Policy
Domestic Policy Council

U.S. DEPARTMENT OF HOMELAND SECURITY

Secretary of Homeland Security, Michael Chertoff
Deputy Secretary, Michael P. Jackson

DIRECTORATES:
FEMA, Under Secretary, R. David Paulson
POLICY, Assistant Secretary, Stewart A. Baker
PREPAREDNESS, Under Secretary, George W. Foresman

POLICY
Executive Director, Homeland Security Advisory Council, Douglas L. Hoelscher
Assistant Secretary, Office of International Affairs, Cresencio Arcos
Assistant Secretary, Policy, -VACANCY-
Assistant Secretary, Private Sector Coordination, Alfonso Martinez-Fonts

PREPAREDNESS
Director, Office of State and Local Government Coordination, Chester Lunner, Acting

COMPONENTS
Civil Rights and Civil Liberties Officer, Daniel W. Sutherland
Commandant, U.S. Coast Guard, Thad W. Allen
General Counsel, Philip J. Perry
Assistant Secretary, Office of Legislative and Intergovernmental Affairs, Pamela J. Turner
Senior Military Adviser, Timothy S. Sullivan
Chief Privacy Officer, Maureen Cooney, Acting
Assistant Secretary, Transportation Security Administration, Edmund S. Hawley
White House Liaison, Eric M. Leckey

U.S. DEPARTMENT OF JUSTICE;

Attorney General, Alberto Gonzales
Deputy Attorney General, Paul J. McNulty
Inspector General, Glenn A. Fine
Assistant Attorney General, Office of Legal Counsel, STEVEN BRADBURY, Acting
Assistant Attorney General, Office of Legislative Affairs, WILLIAM E. MOSCHELLA
Assistant Attorney General, Office of Legal Policy, RACHEL BRAND
28
 SELECTEES FOR CONFERENCE & NEGOTIATED RULEMAKING

Assistant Attorney General, Civil Division PETER D. KEISLER

Assistant Attorney General, Civil Rights Division, WAN J. KIM
Assistant Attorney General, Criminal Division, ALICE S. FISHER
Assistant Attorney General, Office of Justice Programs, REGINA B. SCHOFIELD
Director, Office of Public Affairs TASIA SCALINOS
Director, Office of Information and Privacy DANIEL J. METCALFE
Director, Office of Intergovernmental and Public Liaison, CRYSTAL JEZIERSKI
Director, Executive Office for U.S. Attorneys MICHAEL A. BATTLE
Director, Federal Bureau of Investigation ROBERT S. MUELLER III
Director, United States Marshals Service JOHN F. CLARK
Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, CARL J. TRUSCOTT
Director, Community Relations Service SHAREE M. FREEMAN
Director, Community Oriented Policing Services, CARL R. PEED

U.S. DEPARTMENT OF LABOR

Secretary of Labor ELAINE L. CHAO
Executive Secretary RUTH KNOUSE
Deputy Secretary STEVEN J. LAW
Chief Administrative Law Judge JOHN M. VITTONE
Director, Center for Faith-Based and Community Initiatives, JEDD MEDEFIND
Director, Office of Small Business, Programs JOSE A. LIRA
Director, Office of the 21st Century, Workforce, KAREN CZARNECKI
Director, Women’s Bureau SHINAE CHUN
Assistant Secretary for Congressional and Intergovernmental Affairs, KRISTINE IVERSON
Assistant Secretary for Employment and Training, EMILY STOVER DEROCCO
Assistant Secretary for Employment Standards, VICTORIA A. LIPNIC
Assistant Secretary for Occupational Safety and Health, EDWIN G. FOULKE, JR.
Deputy Assistant Secretary JONATHAN L. SNARE
Assistant Secretary for Policy VERONICA VARGAS STIDVENT
Assistant Secretary for Public Affairs LISA M. KRUSKA
Assistant Secretary for Veterans’ Employment and Training, CHARLES S. CICCOLELLA
Deputy Under Secretary for International Labor Affairs, JAMES CARTER

U.S. DEPARTMENT DEPARTMENT OF LABOR, OSHA

200 Constitution Avenue, NW
Washington, DC 20210

Maritime Advisory Committee for Occupational Safety and Health (MACOSH)

Government Interests

Stephen D. Hudock - National Institute for Occupational Safety and Health

CAPT. Lorne Thomas – U.S. Coast Guard
Charles Lemon - Washington State Department of Labor and Industry
Jim Maddux - Designated Federal Official

Employer Interests

29
 SELECTEES FOR CONFERENCE & NEGOTIATED RULEMAKING

James Thornton – Northrop Grumman Newport News Shipbuilding

CAPT. Teresa Preston – Atlantic Marine/ Alabama Shipyard, Inc.
Marc MacDonald – Pacific Maritime Association
Jim Burgin - National Maritime Safety Association
Donald Raffo - General Dynamics
Stewart Adams - Naval Sea Systems Command

Employee Interests

Michael Flynn - Intl Association of Machinists and Aerospace Workers

David Tubman, Jr. - Marine Engineers' Beneficial Association
Robert Gleason - International Longshoremen's Association, AFL-CIO
John Castanho - International Longshore and Warehouse Union
Earnest Whelan - International Union of Operating Engineers, Local 25
T. Warren Fairley, Jr. - Int Brotherhood of Boilermakers, Iron Shipbuilders,
Blacksmiths, Forger and Helpers

U.S. DEPARTMENT OF STATE

Secretary of State CONDOLEEZZA RICE

Deputy Secretary of State ROBERT B. ZOELLICK
Assistant Secretary for Legislative Affairs JEFFREY T. BERGNER
Counselor of the Department of State PHILIP ZELIKOW
Director of the Office of Civil Rights (VACANCY)
Director, Policy Planning io Staff STEPHEN KRASNER
Inspector General HOWARD J. KRONGARD
Legal Adviser JOHN B. BELLINGER III
Under Secretary for Arms Control and International Security Affairs, ROBERT JOSEPH
Under Secretary for Democracy and Global Affairs, PAULA J. DOBRIANSKY
Assistant Secretary for Democracy, Human Rights, and Labor, BARRY F. LOWENKRON
Assistant Secretary for Population, Refugees, and Migration, ELLEN SAUERBREY
Assistant Secretary for Consular Affairs MAURA HARTY
Assistant Secretary for Diplomatic Security and Director of the Office of Foreign Missions,
RICHARD J. GRIFFIN
Assistant Secretary for Information Resource Management and Chief Information Officer, JAMES
VAN DERHOFF
Under Secretary for Political Affairs R. NICHOLAS BURNS
Assistant Secretary for Western Hemisphere Affairs, THOMAS A. SHANNON, JR.
Assistant Secretary for Educational and Cultural Affairs, DINA HABIB POWELL
Coordinator, International Information, Programs, ALEXANDER C. FELDMAN
Permanent Representative of the United States of America to the Organization of
American States, RICHARD C. HOLBROOKE

U.S. DEPARTMENT OF TRANSPORTATION

Secretary of Transportation, NORMAN Y. MINETA
White House Liaison LORI MCMAHON
Deputy Secretary MARIA CINO
30
 SELECTEES FOR CONFERENCE & NEGOTIATED RULEMAKING

Under Secretary for Policy JEFFREY N. SHANE

Chief Information Officer JAQUELYN PATILLO, Acting
Director of Civil Rights J. MICHAEL TRUJILLO
Director of Small and Disadvantaged Business Utilization, JOHN BOBO, Acting
General Counsel JEFFREY ROSEN
Inspector General TODD J. ZINSER, Acting
Assistant Secretary for Aviation and International Affairs, MICHAEL REYNOLDS, Acting
Assistant Secretary for Budget and Programs and Chief Financial Officer, PHYLLIS
SCHEINBERG
Assistant Secretary for Governmental Affairs, ROGER S. KARR
Assistant Secretary for Transportation Policy, TYLER DUVALL

NATIONAL LABOR RELATIONS BOPARD

Chairman ROBERT J. BATTISTA
Executive Secretary LESTER A. HELTZER
Inspector General JANE E. ALTENHOFEN
Chief Administrative Law Judge ROBERT A. GIANNASI
Chief, Information Technology RICHARD WESTFIELD
General Counsel RONALD MEISBURG
Director, Equal Employment Opportunity ROBERT J. POINDEXTER
Associate General Counsel, Division of Advice BARRY J. KEARNEY
Associate General Counsel, Division of Enforcement Litigation, JOHN H. FERGUSON

U.S. COAST GUARD

Commandant's Corner (CG-00)
Vice Commandant's Corner (CG-09)
Master Chief Petty Officer of the Coast Guard (CG-00B)
Chaplain of the Coast Guard (CG-00A)
Chief Administrative Law Judge (CG-00J)
International Affairs & Foreign Policy (CG-00I)

Office of Civil Rights (CG-00H)

Compliance and Liaison Division (CG-00H1)
Policy and Plans Division (CG-00H2)

Judge Advocate General, Rear Admiral William D. Baumgartner, (TJAG) CG-094, HQ room
1422, (202) 372-3726
Office of Maritime/International Law(CG-0941) HQ room 1416, (202) 372-3796
Office of Regulations & Administrative Law (CG-0943) HQ room 1417, (202) 372-3864
Office of General Law (CG-0944) HQ room 1410, (202) 372-3762
Office of Claims & Litigation (CG-0945) HQ room 1413, (202) 372-3740
Office of Legislation (CG-0947) HQ room 1108, (202) 372-3779
Office of Legal Policy & Program Development (CG-0948) HQ room 1100, (202) 372-3819

International Programs (G-D-IP)

Assistant Commandant for Policy & Planning (CG-5)

31
 SELECTEES FOR CONFERENCE & NEGOTIATED RULEMAKING

Resource & Administration Staff (CG-5AR)

Office of Maritime Domain Awareness Program (CG-52)
Coordination & Integration Division (CG-521)
Programs & Architecture Division (CG-522)
Plans, Policy & Assessment Division (CG-523)
Office of Strategic Analysis (CG-511)
Office of Mission Analysis (CG-512)
Office of Policy & Planning Integration (CG-513)

U.S. Coast Guard Marine Safety and Security Council;

FEDERAL LEGISLATIVE BRANCH

U.S. Senate’s Legislative Counsel (2 U.S.C. 271);
U.S. House of Representatives’ Legislative Counsel (2 U.S.C. § 281);
U.S. House of Representatives’ Office of the Law Revision Counsel (2 U.S.C. § 285);
U.S. House Subcommittee on the Coast Guard and Maritime Transportation;

32
 FEDERAL ADVISORY COMMITTEE

FEDERAL ADVISORY COMMITTEE ACT

5 U.S.C. Appendix - FEDERAL ADVISORY COMMITTEE ACT § 2. Findings and Purpose
(a) The Congress finds that there are numerous committees, boards, commissions, councils, and
similar groups which have been established to advise officers and agencies in the executive branch of the
Federal Government and that they are frequently a useful and beneficial means of furnishing expert
advice, ideas, and diverse opinions to the Federal Government.
(b) The Congress further finds and declares that
(1) the need for many existing advisory committees has not been adequately reviewed;
(2) new advisory committees should be established only when they are determined to be essential
and their number should be kept to the minimum necessary;
(3) advisory committees should be terminated when they are no longer carrying out the purposes
for which they were established;
(4) standards and uniform procedures should govern the establishment, operation, administration,
and duration of advisory committees;
(5) the Congress and the public should be kept informed with respect to the number, purpose,
membership, activities, and cost of advisory committees; and
(6) the function of advisory committees should be advisory only, and that all matters under their
consideration should be determined, in accordance with law, by the official, agency, or officer involved.

33
 OATH OF OFFICE

Citing from the U.S. Constitution, Article VI, Clause 3:

The Senators and Representatives before mentioned, and the Members of the
several State Legislatures, and all executive and judicial Officers, both of the
United States and of the several States, shall be bound by Oath or
Affirmation, to support this Constitution; but no religious Test shall ever be
required as a Qualification to any Office or public Trust under the United States.

34
 TITLE 4, U.S. ATTORNEY’S MANUAL - COMPROMISING

US ATTORNEY MANUAL (USAM)

TITLE 4 CIVIL
4-3 COMPROMISING AND CLOSING
USAM 4-3.100 Authority of the Attorney General
The Attorney General has the inherent authority to . . . abandon the defense of any
action insofar as it involves the United States of America, or any of its agencies, or any of
its agents who are parties in their official capacities. See Confiscation Cases, 7 Wall. 454, 458
(1868) (action brought by an informer with expectation of financial gain); Conner v. Cornell, 32 F.2d
581, 585-6 (8th Cir.), cert. denied, 280 U.S. 583 (1929) (dismissal of suit on behalf of restricted Indian
wards of the United States); Mars v. McDougal, 40 F.2d 247, 249 (10th Cir.), cert. denied, 282 U.S. 850
(1930); 22 Op. Att'y Gen. 491, 494; 38 Op. Att'y Gen. 124, 126; see United States v. Throckmorton, 98
U.S. 61, 70 (1878); United States v. Newport News Shipbuilding & Dry Dock Co., 571 F.2d 1283 (4th
Cir.), cert. denied, 439 U.S. 875 (1978). This authority may be exercised at any time during the
course of litigation.
The Attorney General also has the inherent authority to compromise any action insofar as
it involves the United States of America, its agencies, or any of its agents who are parties in their
official capacities. See Halbach v. Markham, 106 F. Supp. 475, 479-480 (D.N.J. 1952), aff'd,
207 F.2d 503 (3rd Cir. 1953), cert. denied, 347 U.S. 933 (1954); 38 Op. Att'y Gen. 124, 126.
This authority is not dependent upon any express statutory provision. See 38 Op. Att'y Gen. 98,
99. To the contrary, it exists to the extent that it is not expressly limited by statute. See Swift &
Co. v. United States, 276 U.S. 311, 331-2 (1928).
Note the additional authority delegated to the Attorney General by the second paragraph of
section 5 within Executive Order 6166.

USAM TITLE 4 CIVIL 4-3 COMPROMISING AND CLOSING

4-3.140 Exceptions to the Redelegation of the Attorney General's Authority
By virtue of section 1 of Directive 14-95 and notwithstanding the redelegations of authority to
compromise cases, file suits, counterclaims, and cross-claims, or to take any other action necessary to
protect the interests of the United States discussed above, such authority may not be exercised, and the
matter must be submitted to the Assistant Attorney General for the Civil Division, when:
For any reason, the proposed action, as a practical matter, will control or adversely influence the
disposition of other claims totaling more than the respective amounts designated;
Because a novel question of law or a question of policy is presented, or for any other reason, the
proposed action should, in the opinion of the officer or employee concerned, receive the personal
attention of the Assistant Attorney General;
The agency or agencies involved are opposed to the proposed action (the views of an agency
must be solicited with respect to any significant proposed action if it is a party, if it has asked to be
consulted with respect to any such proposed action, or if such proposed action in a case would adversely
affect any of its policies);
The United States Attorney involved is opposed to the proposed action and requests that the
decision be submitted to the Assistant Attorney General for decision, or
The case is on appeal, except as determined by the Director of the Appellate Staff.

35
 TITLE 4, U.S. ATTORNEY’S MANUAL - COMPROMISING

See Civil Division Directive No. 14-95, 28 CFR Part 0.

USAM TITLE 4 CIVIL 4-3 COMPROMISING AND CLOSING
USAM 4-3.200 Bases for the Compromising or Closing of Claims Involving the United
States
A United States Attorney should compromise or close a claim (the term "claim" is used in its
broadest sense to include, for example, a claim that arises out of a judgment entered for or against the
United States) pursuant to the authority described in USAM 4-3.120 only when one or more of the
following bases for such action are present:
F. The United States Attorney believes that compromising or closing a claim of the United States is
necessary to prevent injustice (see 38 Op. Att'y Gen. 98 (1934); 38 Op. Att'y Gen. 94 (1933));
H. The United States Attorney believes that it is less costly to compromise a claim against the
United States than to undertake further legal action in defense against the claim;or
I. The United States Attorney believes that a compromise of a claim against the United States is
substantially more favorable than the verdict or judgment that would probably result from further
litigation.

36
 TITLE 28, C.F.R. – ONLY ATTY GENERAL CAN COMPROMISE HERE

28 C.F.R. § 0.160 Offers That May Be Accepted by Assistant Attorneys General.

28 C.F.R. § 0.160(c) Any proposed settlement, regardless of amount or circumstances, must be
referred to the Deputy Attorney General or the Associate Attorney General, as appropriate:
(1) When, for any reason, the compromise of a particular claim would, as a practical matter,
control or adversely influence the disposition of other claims and the compromise of all the claims taken
together would exceed the authority delegated by paragraph (a) of this section; or
(2) When the Assistant Attorney General concerned is of the opinion that because of a
question of law or policy presented, or because of opposition to the proposed settlement by a
department or agency involved, or for any other reason, the proposed settlement should receive
the personal attention of the Deputy Attorney General or the Associate Attorney
General, as appropriate;
(3) When the proposed settlement converts into a mandatory duty the otherwise
discretionary authority of a department or agency to promulgate, revise, or rescind
regulations;
(4) When the proposed settlement commits a department or agency to expend funds
that Congress has not appropriated and that have not been budgeted for the action in
question, or commits a department or agency to seek particular appropriation or budget
authorization; or
(5) When the proposed settlement otherwise limits the discretion of a department or
agency to make policy or managerial decisions committed to the department or agency by
Congress or by the Constitution. [Order No. 1958–95, 60 FR 15674, Mar. 27, 1995]

28 C.F.R. § 0.161 Acceptance of certain offers by the Deputy Attorney General or Associate
Attorney General, as appropriate.
(a) In all cases in which the acceptance of a proposed offer in compromise would exceed the authority
delegated by § 0.160, the Assistant Attorney General concerned shall, when he is of the opinion that the
proposed offer should be accepted, transmit his recommendation to that effect to the Deputy
Attorney General or the Associate Attorney General, as appropriate.
(b) The Deputy Attorney General or the Associate Attorney General, as appropriate, is
authorized to exercise the settlement authority of the Attorney General as to all claims
asserted by or against the United States.

37
 Respectfully submitted,

Don Hamrick
5860 Wilburn Road
Wilburn, Arkansas 72179

CERTIFICATION

A copy of the above was emailed to Richard Pence, Civil Chief, U.S. Attorney’s Office as Defense
Counsel, Thursday, April 19, 2007 .

Don Hamrick, Plaintiff, pro se

5860 Wilburn Road
Wilburn, Arkansas 72179

38