Free Essay

Administrative Regulation

In:

Submitted By bmustafa
Words 866
Pages 4
1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. (10 points)

After the events of 9/11, I developed a strong interest in security and protection from terrorism. Once President Bush announced the establishment of the Department of Homeland Security, I became even more intrigued, with thousands of questions flooding my mind. Will this department guarantee 100% protection? How will the lines of communication between government officials/law enforcement personnel strengthen or weaken? What type of strategies will the department be capable of implementing? More important, will there be a sacrifice of rights/freedoms with this new development? This last question is what peaked my interest in my choice of regulation: U.S. Customs and Border Protection’s proposal of a new intelligence system of records (Analytical Framework for Intelligence or AFI) and it’s notice of exemption from the 1974 Privacy Act. From reading the details of the proposal/notice, there will not be a direct impact to myself, but to the country as a whole. The new system will allow U.S. Customs and Border Protection to monitor and guard the country’s borders in a more effective manner. It will also strengthen the means of communication between the Department of Homeland Security and other officials. Just knowing that there are more sophisticated defense strategies being established and executed is enough to hold my interest.

2. Describe the proposal/change. (10 points)

The Privacy Office of the Department of Homeland Security is proposing the execution of a new system of records known as Analytical Framework for Intelligence or AFI. In short, “AFI enhances the department’s ability to identify, apprehend, and prosecute individuals who pose a potential law enforcement or security risk, and aids in the enforcement of customs and immigration laws, and other laws enforced by DHS at the border”. In addition to this proposal, the department is also asking that this new system be exempt from some of the Privacy Act’s provisions due to certain enforcement requirements (i.e. civil, criminal, and/or administrative). Adhering to the Privacy Act, agencies that wish to exempt records from access and amendment provisions must offer an explanation through a Notice of Proposed Rulemaking, which is the overall purpose of this proposal.

3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points)

After carefully reviewing the proposal/notice, I stand 100% behind the department’s new intelligence system and feel that its exemptions from the Privacy Act are completely justifiable. First, the U.S. Customs and Border Protection unit has an obligation of protecting the homeland and borders beyond. Use of AFI could help the department identify security risks in an easier, more efficient manner, while also developing intelligence measures/strategies to combat future occurrences. Without this capability, it would be more difficult to stand strong on its mission or purpose. Furthermore, lines of communication between different agencies would be disconnected and they wouldn’t be able to adequately recognize individuals and/or associations that pose a threat to the country. Second, the exemptions from some the Privacy Act’s provisions may help eliminate disclosure issues. Confidentiality is a main priority of the department’s date because there could be serious consequences if the information fell into the wrong hands. Being that some records can be easily assessed by the public, a whole investigation or strategy could be jeopardized. The disclosure of certain information can help subjects avoid detection or apprehension and security-sensitive information can be revealed (which is truly detrimental to the unit and its operations). Overall, I hope that these details help push for the proposal/request to be accepted as it is necessary for the success of the Department of Homeland Security.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)

Public comments had to be submitted on or before June 9, 2012.

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.) b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?

Similar Documents

Free Essay

Administrative Regulations

...1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) Federal Department of Energy – I have always been interested in the stock market and companies that are in secret trade deals. Also, understanding how trade secrets and “privileged” information is supposed to be kept from the public. 2. Describe the proposal/change. (10 points) The proposal proposes to standardize across its various programs procedures for the submission and protection of trade secrets and commercial or financial information that is privileged or confidential. These changes require at the time of submission, to identify and assert a claim of exemption regarding information it considers to be trade secrets or commercial or financial information that is privileged or confidential such that the information would be exempt from disclosure under the Freedom of Information Act. Also, on each page containing such data, there must...

Words: 716 - Pages: 3

Free Essay

Administrative Regulation

...Week 2 Homework-Administrative Regulations K’Asha Nesbitt November 9, 2013 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The Department of Health and Human Services as well as the Food and Drug Administration controls the regulation. This particular regulation interests me because I am a Systemic Lupus Erythematous (SLE) patient and I have been suffering from this illness for over 10 years. There is a chance that somewhere in the near future I could develop Lupus Nephritis (LN) (renal disease stemming from SLE). Yes, this regulation could affect me in a positive manner. If the FDA approves treatment and new drugs to help suppress SLE, this could mean less people will develop LN. 2. Describe the proposal/change. The proposal is to create guidance for unmet medical needs for more effective and less toxic treatments. This proposal will help to develop human drugs, therapeutic biological products and medical devices for the treatment of Lupus Nephritis caused by Systemic Lupus Erythematous (SLE). 3. Write the public comment that you would have written. Explain briefly what you wish to accomplish with your comment. My comment is that more people are developing this debilitating disease and there aren’t many drugs and treatments that help to suppress the inflammation. I was diagnosed...

Words: 836 - Pages: 4

Premium Essay

Administrative Regulations

...1. The administrative agency that controls the regulation is the Federal government (Department of Education). I strongly believe that education has a huge positive impact on the society. It is a must if a nation desires to attain growth and development and more importantly, maintain it. The Department of Education recognizes and keeps the importance of economic education which is why the agency and their proposed regulation interest me. The agency helps promote student achievement by all means and helps provide equal access to education for all. The proposed regulation would affect me both positively and negatively because it is a regulation that might help reduce my student debt loan at the end of my school days but at the same time, it would cut funding to thousands of job training program I might need to increase my employability and future earnings down the line. 2. The proposed regulation is meant to define the “gainful employment” requirement for federal student aid. The Department of Education is concerned that students enrolling in some school programs especially in for profit schools (e.g. Devry University), usually find themselves unemployable in those anticipated career fields and burdened with large student loan debts at the end, with no job to pay for it. With that in mind, the department of education proposed the regulation to make sure that students who are enrolled in any gainful employment programs must be guaranteed that those programs provide value,...

Words: 1089 - Pages: 5

Free Essay

Administrative Regulations Assign.

...Javontae Peet Administrative Regulations assign. Legal, Political and Ethical Dimensions Professor Cary Sliverstein July 18, 2011 Administrative Regulations Assignment (1)The administrative agency in which I choose to use is the Small Business Administration (SBA). The reason why this agency and the proposed regulation are interests of mine is due to me working towards owing my own business in the future. The way this regulation that has been proposed may affect me, is by my company attempting to lend funds for expanding the business in the future. (2)The proposed rule made by the Small Business Administration is on Business Loan Programs and Lender Examination and Review Fees. This proposed rule is geared towards a recent amendment to the Small Business Act authorizing the Small Business Administration to assess fees to lenders participating in SBA's 7(a) loan guarantee program to cover the costs of examinations, reviews, and other Lender Oversight activities. (3)In my public comment I would propose that the loan guarantee program should cover the costs of examinations, reviews, and other Lender Oversight activities. (4)The Comments for the Business Loan Programs and Lender Examination and Review Fees regulation deadline was scheduled for November the 9, 2006. (5)(a)I could not submit my comments due the comment window being close. (b)Although I am in favor...

Words: 553 - Pages: 3

Premium Essay

Administrative Regulations Assignments

...1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The subject of immigration is well known among students, workers, and employers, and in fact, to most everyone residing within the United States. For me, this topic is especially significant as I myself was once a foreign student who went through the immigration process. However, from the promulgation of the first immigration law in the 1950s, these laws have evolved and have affected all individuals in one way or another. In 2000, a proposal for immigration reform was brought to Congress due to the shortages of workers in the food industry (Robin, 2000). Immigration laws have changed several times since then. What is the relation between the 2000 and 2008 laws? In February 2008, the Department of Homeland Security proposed amendments to its immigration regulations. More specifically, The U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection presented a proposal affecting all H-2A nonimmigrant workers. Businesses in particular needed to understand what was changing and how it affected them and their employees. 2. Describe the proposal/change. The proposal offered various new regulations and limitations imposed on U.S. employers and H-2A nonimmigrant workers. Some of the proposed changes included the limitations...

Words: 1276 - Pages: 6

Premium Essay

Administrative Agency Regulation

...1.State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The proposed regulation that is of interest is “Removing Any References to or Reliance on Credit Ratings in Commission Regulations; Proposing Alternatives to the Use of Credit” submitted by Commodity Futures Trading Commission or CFTC. I am interested in this regulation because I deal with swaps trading every day. This proposed regulation will most likely not affect my company because we invest in the more standardized derivatives. We also have internal auditors to oversee how we invest our clients’ funds. 2. Describe the proposal/change. The proposed change is about clarifying and standardizing the current legislation on swaps. As it stands now, the regulations on swaps trading on few and far between. Along with those regulations are privately-run, for-profit credit rating agencies. These two problems combined are how Goldman Sachs was able to swindle their investors and likely why this regulation was originally proposed. Many investors looking to engage in a swap transaction first have to decided what type of swap they would like to enter into. I will use an Interest Rate Swap or IRS as reference for my example (although an IRS is one of the more basic and regulated swaps). An IRS is a swap where investors decide on a notional...

Words: 1127 - Pages: 5

Free Essay

Commenting on Administrative Regulation Proposals

...1. The administrative agencies that control this regulation: The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration and subsequently, the Small Business Administration. This regulation would affect me as a small business owner because it would change the way all levels of government do business with privately -held small businesses, such as mine. 2. This is a proposal to amend the Federal Acquisition Regulation (FAR) to include government-wide, standardized past performance evaluation factors and ratings categories, and that this past performance information be entered into the Contractor Performance Assessment Reporting System (CPARS). 3. My comment: While I concur that the FAR should be amended in this way, I believe that the current proposal is too vague to be effective. Standardizations tend to group things into categories that are either “black” or “white”, causing a great injustice to those who would only fit in areas of “gray”. Therefore, I suggest a thorough investigation into the actual effects that the proposal would have on all businesses- large and small, experienced and novel, old and new, etc. I also believe this proposal should not be enacted until real evidence, showing complete equality and fairness among all businesses, is presented to and reviewed by the public. 4. This expires on November 5, 2012 5. A. Based on the Administrative Procedure Act of 1946, if I choose, I would...

Words: 642 - Pages: 3

Free Essay

Administrative Regulation Gm 520

...Week 2 Administrative Regulations GM520 Legal, Political & Ethical Dimensions of Business Prof. Tonja Jordon 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) Food and Drug Administration – I love going to the beach to enjoy the sun, but burn easily and rely on sunscreen to protect me. This interests me because I burn very easily and this regulation will make going to the beach expensive. This will affect me directly as it will force me to see a doctor to obtain sufficient sunscreen protection at the beach instead of my local drug store. 2. Describe the proposal/change. (10 points) The proposal limits the maximum labeled SPF value for over-the-counter (OTC) sunscreen drug products to 50 SPF. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish...

Words: 1113 - Pages: 5

Free Essay

Administrative Regulations

...Administrative Regulations (Assignment 2) One of the many duties of the Department of Justice, a U.S. federal agency, is to enforce federal laws which include the enforcement of the law and defend the interest of the American people. In other words, the Department of Justice is an agency created to protect our rights as citizens from domestic and international threat and harm. My proposed regulation of interest, “National Standards To Prevent, Detect, and Respond to Prison Rape “ is a compilation of recommendations prepared in April 2010 by the National Prison Rape Elimination Commission (PREA) and presented to the Department of Justice in pursuant to the Prison Rape Elimination Act of 2003. It’s important that people who care about our basic human rights as a whole not forget about those who are having these rights violated when serving their prison time in a correctional institution behind bars. Despite the person’s crime, their rights can’t be taken away and sadly, in some circumstances and environments we have to remind others that these rights remain active and lack enforcement. According to the Bureau of Justice Statistics, “among inmates who reported inmate-on-inmate sexual victimization, 13% of male prison inmates and 19% of male jail inmates said they were victimized within the first 24 hours after admission, compared to 4% of female inmates in prison and jail”. Sadly, it is the resistance to culture change by correctional staff and inmates alike that presents...

Words: 1658 - Pages: 7

Premium Essay

Administrative Regulations

...id=723 .. v I believe there are times when a company needs to set aside economic advantage to help society. As good example is during war or national emergency. Usually during these times companies set aside their economic advantages to back the nation. Car manufactures start producing military vehicles and the patents they hold can make the vehicles better for societal good. Since the rules of a free market are essentially but on hold and placed under government control, the patents became less leverage. In the same sense, so should Bayer. Bayer's corporate policy seems to oriented towards the Enlightened Self-Interest as evident in the order of listing (stock holders first). In this instance Bayer seemed to follow government regulations (especially when it came to their patent on apirin) and believe that serving society as a whole benefits the stockholders. They do state that they have a responsibility to the community but it is listed last. Their moral question should have been server, the larger society first and then then the...

Words: 1227 - Pages: 5

Free Essay

Administrative Regulation

...Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–492–3106 or email to: Gregory. Chapman@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction Revision 2 of Regulatory Guide 8.24, ‘‘Health Physics Surveys During Enriched Uranium-235 Processing and Fuel Fabrication’’ was issued with a temporary identification as Draft Regulatory Guide, DG–8040 on March 22, 2010 (75 FR 13599). This guide specifies the types and frequencies of surveys that are acceptable to the NRC’s staff for the protection of workers in plants licensed by the NRC to process enriched uranium and fabricate uranium fuel. Title 10 of the Code of Federal Regulations (10 CFR) 20.1501(a), requires each licensee to make or cause to be made such surveys that may...

Words: 2084 - Pages: 9

Free Essay

Professional Regulation

...Professional Regulation and Criminal Liability in Delaware Lorna J. Granston 05/26/14 HCS 430 Dr. J. Kaplan There are statutes that regulate health care professional on a federal level. It can be difficult to regulate professional on that level, therefore, there are also regulatory bodies on the State level. Regulatory statutes on the State level can offer specific policy and procedures for professional licensure, credentialing, certification and registration for those in health care. Each State in responsible for having specific regulation. Per the American Medical Association (AMA),” the process of obtaining a medical license--either initial licensure or a second or subsequent license in another state--can be a challenging process” (American Medical Association, 2014). The state statutes can be more complicated, but they ensure that professionals are properly prepared to perform health care services for a specific community. In Delaware there are state laws that are followed by state regulatory agency. The Registrar’s office which is part of Delaware’s General Assemble is responsible for the Administrative Code of Regulations and the Delaware On-line Statutory Code. This office is also the official repository of all regulations for the State of Delaware. Title 24 of this code of regulations is directed specifically to Professions and Occupations in the state of Delaware. Within Title 24, Chapter 17 is the Medical Practice Act. The Delaware agency that implements...

Words: 1520 - Pages: 7

Premium Essay

HUD Case Study

...All agencies are required to follow the rulemaking processes according to the Administrative Procedures Act, 5 U.S.C. 553. The agencies have the authority to regulate the laws. The United States Housing and Urban Development, HUD, published a rule to the parts of Title 24 of the Code of Federal Regulations pertaining to the inspections standards and uniform physical condition. HUD amended the contract by changing the procedures and requirements (Valentine, p 1). The final rule was intended to the inspection standards and procedures for the HUD programs. The inspections were conducted under the Real Estate Assessment Center, REAC. The agency used the notice and comment rulemaking procedures, after that the final rule was promulgated. HUD notified...

Words: 665 - Pages: 3

Free Essay

Ethics

...Business Ethic Assignment: Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet. (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (of briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The Georgia Department of Regulation- I goes to the casinos with friends occasional and I one of my friend owns few gas stations that have coin-operated amusement machines. This is affecting my friend due to the fact Department of Revenue is refusing to issue businesses licensed for the operation of coin-operated amusement machines in his place of business. 2. Describe the proposal/change. (10 points) The proposed regulation would authorize all gas stations the ability to apply for amusement and entertainment license while looking for more ways to gain revenue. With the state looking to bring three casinos here that would bring nearly $1 billion by 2014. Independent small business should have that...

Words: 321 - Pages: 2

Free Essay

1992

.....................................................................................................4 Introduction In this assessment, I looked at three basic potential risks that may exist in the company and also the control measures that could be taken to reduce the range of the risk and its consequences, as in each company there are certain risks which can threat the position of the company in the market, therefore, I looked at their frequency and to propose measures that can help to eliminate or reduce the risk. Risk audit Report | Controls Implemented | Objectives/targets | Measures | Risk 1:Government regulations changing | Control 1:Establish good relationships with government officers. | Meet a government officer responsible for government regulations changing and incrase relationships with government by 20% | Informations about regulations and changes. | | Control 2:Deal with a government about taxes basic on make work opportunities for domestic people. | Deal about tax discount for company 25% | Productivity after discount | | | Increase productivity by 15% | | Risk 2:Climate conditions | Control 1:Have alternative supply network | Research 3 extra emergency suppliers | Continuous supply | | | Establish relationship with these suppliers | | | Control 2:Prepare farm for extreme weather | Dig trenches for monsoon rains | Farm prepared | | | Build the sheds | | | | Train staff how to respond on the climate conditions | | Risk 3:Market...

Words: 624 - Pages: 3