My Disclosure Notice and Negotiated Rule Making Demand

Don Hamrick Monday, April 23, 2007
5860 Wilburn Road, Wilburn, Arkansas, 72179. Email: 4donhamrick@gmail.com
IN THE MATTER OF:

Don Hamrick, pro se, (Non-State Actor)
v.
United Nations,
President Bush,
Michael Chertoff, Secretary of Homeland Security,
Adm. Thad Allen, Commandant, U.S. Coast Guard, et al,
U.S. District Court for the Eastern District of Arkansas, Northern Divison, Case No. 1:06cv0044,
Originally filed Sept. 11, 2006 as Hamrick v. President Bush, et al but since amended adding the
United Nations as lead defendant. Trial Date set November 13, 2007 at the U.S. District Court in
Batesville, Arkansas, Case at Discovery Phase while Motion to Dismiss is still pending.
BULLETIN: PLAINTIFF’S NOTICE TO THE U.S. GOVERNMENT:

YOU ARE HEREBY REQUIRED TO DISCLOSE
UNDER RULES 26, 36, FEDERAL RULES OF CIVIL PROCEDURE
ANY AND ALL INFORMATION ON THE SECOND AMENDMENT AS
AN INDIVIDUAL RIGHT
PLEASE FORWARD TO THESE RESPONDENTS:

PRESIDENT GEORGE W. BUSH
MICHAEL CHERTOFF, SECRETARY OF HOMELAND SECURITY
ADMIRAL THAD ALLEN, COMMANDANT, U.S. COAST GUARD
PLEASE FORWARD TO THESE GOVERNMENT WITNESSES:

CONDOLEEZZA RICE, SECRETARY OF STATE
ALBERTO GONZALES OR OCCUPANT, U.S. ATTORNEY GENERAL,
MICHAEL J. SULLIVAN, ACTING DIRECTOR BATFE
MARY E. PETERS, SECRETARY OF TRANSPORTATION
ELAINE L. CHAO, SECRETARY OF LABOR
MARGARET SPELLINGS, SECRETARY OF EDUCATION
ROBERT J. BATTISTA, CHAIRMAN, NATIONAL LABOR RELATIONS BOARD
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
1
ADVISORY TO ALL
RESPONDENTS & GOVERNMENT WITNESSES LISTED
RESTORING SECOND AMENDMENT RIGHTS FOR THE COMMON DEFENCE AS
ORIGINALLY INTENDED BY THE PREAMBLE TO THE U.S. CONSTITUTION THROUGH A
CIVIL PLAINTIFF’S DUE PROCESS RIGHTS TO NEGOTIATED RULEMAKING VIA LITIGATION
PLAINTIFF’S CONSTITUTIONAL AUTHORITY TO

NEGOTIATE RULEMAKING FOR SECOND AMENDMENT
RIGHTS OF AMERICAN SEAFARERS AND U.S. CITIZENS
The original intent of the Common Defence clause in the Preamble to the U.S. Constitution
was to provide a means for the People to participate with Government in providing for the Common
Defence of themselves, there community, their State, and their United States as noted in page 53, of
the U.S. Senate, 108th Congress 2d Session, Document No. 108-17, THE CONSTITUTION OF THE
UNITED STATES OF AMERICA, ANALYSIS AND INTERPRETATION: ANALYSIS OF CASES DECIDED BY THE
SUPREME COURT OF THE UNITED STATES TO JUNE 28, 2002:
PURPOSE AND EFFECT OF THE PREAMBLE

Although the preamble is not a source of power for any department of the Federal
Government, 1 the Supreme Court has often referred to it as evidence of the origin,
scope, and purpose of the Constitution. 2 ‘‘Its true office,’’ wrote Joseph Story in
his COMMENTARIES, ‘‘is to expound the nature and extent and application of the
powers actually conferred by the Constitution, and not substantively to create them.
For example, the preamble declares one object to be, ‘to provide for the common
defense.’ No one can doubt that this does not enlarge the powers of Congress to pass
any measures which they deem useful for the common defence. But suppose the
terms of a given power admit of two constructions, the one more
restrictive, the other more liberal, and each of them is consistent with the
words, but is, and ought to be, governed by the intent of the power; if one
could promote and the other defeat the common defence, ought not the
former, upon the soundest principles of interpretation, to be adopted?’’ 3 4
1
Jacobson v. Massachusetts, 197 U.S. 11, 22 (1905).
2
E.g., the Court has read the preamble as bearing witness to the fact that the Constitution emanated from the
people and was not the act of sovereign and independent States, McCulloch v. Maryland, 4 Wheat. (17 U.S.)
316, 403 (1819) Chisholm v. Georgia, 2 Dall. (2 U.S.) 419, 471 (1793); Martin v. Hunter’s Lessee, 1 Wheat.
(14 U.S.) 304, 324 (1816), and that it was made for, and is binding only in, the United States of America.
Downes v. Bidwell, 182 U.S. 244, 251 (1901); In re Ross, 140 U.S. 453, 464 (1891).
3
1 J. STORY, COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES (Boston: 1833),
462. For a lengthy exegesis of the preamble phrase by phrase, see M. ADLER & W. GORMAN, THE
AMERICAN TESTAMENT (New York: 1975), 63–118.
4
The italicized and bolding for emphasis is that of the Plaintiff.
2
Joseph Story’s dichotomy on the Common Defence clause in the Preamble is the exact
purpose of my Second Amendment case now before the U.S. District Court for the Eastern District of
Arkansas, Northern Division. And I cite 5 U.S.C. § 561. PURPOSE OF NEGOTIATED RULEMAKING, 5
U.S.C. § 569. ENCOURAGING NEGOTIATED RULEMAKING, and 33 C.F.R. § 1.05-60 NEGOTIATED
RULEMAKING with the U.S. Coast Guard specifically and the U.S. Government in general in the
course of litigating my Second Amendment case.
THE PLAINTIFF HAS THE AUTHORITY OF A

PRIVATE ATTORNEY GENERAL
REFUSAL TO COMPLY
WILL BE CONSTRUED AS OBSTRUCTING JUSTICE
This is a Civil RICO Act case for Second Amendment rights brought by the unrepresented
civil Plaintiff (me) against the defendants. Because this is a Civil RICO Act case I am acting with the
authority of a Private Attorney General in the interest of justice. I am alleging that the United States
Government is racketeering an unlawful and an constitutional protection scheme over the Second
Amendment. I am also alleging the United Nations is waging a war of aggression against our Second
Amendment in a campaign for global gun control in violation of the U.N. Charter the right to life
provisions of several international human rights conventions and declarations.
CASE LAW ON CIVIL RICO:
The object of civil RICO is thus not merely to compensate victims but to turn them
into prosecutors, “private attorneys general,” dedicated to eliminating
racketeering activity. 5 Id., at 187 (citing Malley-Duff , 483 U. S., at 151 ) (civil
RICO specifically has a “further purpose [of] encouraging potential
private plaintiffs diligently to investigate”). The provision for treble
damages is accordingly justified by the expected benefit of suppressing
racketeering activity, an object pursued the sooner the better. Rottella v.
Wood 528 U.S. 549 (2000), 147 F.3d 438.
Since the gun control experiment as failed I am proposing and experiment, a revitalization of
Second Amendment rights of the People under the authority of 5 U.S.C. § 561 to which I have every
right to call upon in litigation as authorized by Rule 16(c)(9) and (12) of the FEDERAL RULES OF CIVIL
PROCEDURE.
History proves that the U.S. Government and the States took a the path through the
killing field of gun control and effectively defeated the common defence through the nullification of
practical uses of the Second Amendment right of the American People to defend themselves with
firearms against the common criminal and even against their own government. Need I present
historical evidence of the U.S. Government’s attempted genocide of the American Indians, and of
the more recent controversial episodes at Waco and Ruby Ridge and the gun free zones as evidence
by the Virginia Tech Massacre?
5
This objective of encouraging prompt litigation to combat racketeering is the most obvious answer to Rotella’s
argument that the injury and pattern discovery rule should be adopted because “RICO is to be read broadly” and
“ `liberally construed to effectuate its remedial purposes,’ ” Sedima , S. P. R. L. v. Imrex Co. , 473 U. S. 479, 497-498
(1985) (quoting Pub. L. 91-452, §904(a), 84 Stat. 947).
3
The evidence is now on the table that gun control is a complete and utter failure at social
control. A gun free world is a pipe dream of those with a psychological fear of guns and their goal to
impart their fears upon the rest of mankind will never happen. Gun control and gun free zones are
experimens in the feasibility of the United Nations program for sustainable development of gun
control. The uncontrovertable evidence proves that gun control is killing us! We the People!
If I were to extrapolate the evidence under the Law of Nations and under the Law of Internal
Armed Conflict I would allege that the U.S. Government and even the State Governments
(notwithstanding the progress made toward Second Amendment freedom through “shall issue”
concealed carry laws of the States) are now classified as “belligerents” in a War of Aggression against
its own People for global gun control.
This bulletin is a generalization of my Second Amendment case and its impact upon society
in this relentless war on the Second Amendment. When and how will this war on the Second
Amendment end when the U.S. Supreme Court refuse to take up a Second Amendment case? Must
we risk riots or a civil war?
PLAINTIFF’S DEMAND FOR RULE 26(a)(1) DISCLOSURE

FEDERAL RULES OF CIVIL PROCEDURE
The U.S. Attorney’s Rule 26(a)(1) INITIAL DISCLOSURE LETTER dated April 6, 2007 was
woefully insufficient. Therefore I hereby request from every federal agency on the Selectee List of this
Bulletin provide a list of those in the official position of providing evidence and testimony in a federal
court as a witness for the Plaintiff supporting the Second Amendment as an individual right.
In fairness to the Rule of Law you may also provide such a witness list of this who would
provide evidence and testimony on the Second Amendment as NOT an individual right to the U.S.
Attorney in Little Rock, Arkansas. The address is included in this bulletin along with my address.
PLAINTIFF DEMANDS HIS RIGHT OF DUE PROCESS TO

NEGOTIATED RULEMAKING IN LITIGATION
UNDER THE TRIPARTITE SYSTEM OF ORGANIZED GOVERNMENT BETWEEN THE
PEOPLE, THE STATES, AND THE UNITED STATES UNDER THE TENTH
AMENDMENT TO THE U.S. CONSTITUTION:
I hereby exercise my “power reserved to the People” through my Second Amendment case
to correct not only the U.S. Coast Guard’s administrative denial of my Second Amendment right to
openly keep and bear arms in intrastate an interstate travel as an American seafarer through an
endorsement on my Merchant Mariner’s Document to read as “NATIONAL OPEN CARRY HANDGUN”
to which there are no federal laws nor regulations prohibiting nor allowing that endorsement, 6 but
6
The Court denied my Motion for Temporary Injunction against the Rulemaking process by the U.S. Coast
Guard and the Transportation Security Administration over the Transportation Worker’s Identification Card
and the Merchant Marine Credential in order to insure that the Second Amendment rights of transportation
workers are protected. I have been litigating the Second Amendment for nearly 5 years now and the Courts
and the U.S. Government has blocked my case from proceeding to trial through every dirty trick under the
Federal Rules of Civil Procedure they can pull. An unrepresented merchant seamen apparently has no due
process rights to sue the U.S. Government. The U.S. Department of Justice has the National Treasury to rely
on and can easily defeat my case simply be economic means. Is this justice?
4
also to correct the present imbalance of power now heavily weighted in favor of the United States
Government against the States and the People in violation of the Tenth Amendment.
The powers reserved to the People under the Tenth Amendment is the right to openly keep
and bear arms, as well as in concealed carry, (the Second Amendment), against any local or State
Government, or against any rogue agency of the U.S. Government (Ninth Amendment rights) for
protection of the balance of power guaranteed by the Constitution of the United States and the
Constitutions of the individual States (basic constitutional law).
The intent of this Bulletin is to prevent Richard Pence, Civil Chief, and Tim Griffin, U.S.
Attorney of the U.S. Attorney’s Office in Little Rock from arbitrarily sweeping my case under the rug
without advice or input from the named Respondents or from interested federal agencies of the U.S.
Government as Third Parties who can provide the necessary policy changes on gun control in light
of its recently exposed fraud as evidenced by the Virginia Tech Massacre.
The trial date for my Second Amendment case, to which I am billing as “THE SECOND
AMENDMENT TRIAL OF THE CENTURY!” is set for November 13, 2007 with the Motion to Dismiss still
pending. I am piling of the evidence supporting my case to prevent dismissal.
To prevent my case from arbitrarily getting dismissed just because of its Second Amendment
subject matter I am asserting my right to due process in Court for Negotiated Rulemaking as
authorized in Rule 16(c)(9) and (12) of the FEDERAL RULES OF CIVIL PROCEDURE and by reference to
the TITLE 5, and TITLE 14 of the U.S. CODE and TITLE 33 of the CODE OF FEDERAL REGULATIONS,
and TITLE 4, Section 3 of the U.S. ATTORNEY'S MANUAL (USAM), specifically USAM 4-3.100 which
states, “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.”
I submitted a request directly to Paul J. McNulty, Deputy Attorney General recommending
that the U.S. Attorney in Little Rock, Arkansas “abandon the defense”(the Adversarial System of
justice) of my Second Amendment case and proceed to trial under the Collaborative System of
Justice because my case is about the Second Amendment. The U.S. Government has the
constitutional duty to support and defend the Second Amendment.
5
FOR ALL FEDERAL AGENCY
DIRECTORS & DEPART HEADS
Through this bulletin I am attempting to coordinate a consensus of opinion that it would be
in the best interest of the U.S. Government and in the best interest of civil law and order for the
suppression of murder and violent crimes that my proposal for Negotiated Rulemaking under Rule
16(c)(9) and (12) of the Federal Rules of Civil Procedure and under federal laws and regulations
which are appended to this bulletin should be agreed to by all Respondents and all interested Third
Parties of the U.S. Government.
I hereby request that you convey your considered opinion for or against a coordinated
conference with sufficient space to include all selectees for the Negotiated Conference as noted in the
List of Selectees included with this bulletin.
In responding to this bulletin please address your comments to:
Alberto Gonzales, Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Tim Griffin, U.S. Attorney

U.S. Attorney’s Office
425 West Capitol Avenue, Suite 500
Little Rock, AR 72201
Tel: (501) 324-5342
Fax: (501) 324-7199
Don Hamrick, civil plaintiff

5860 Wilburn Road
Wilburn, Arkansas 72179
Respectfully submitted,
Don Hamrick
5860 Wilburn Road
Wilburn, Arkansas 72179
6
LIST OF SELECTEES FOR NEGOTIATED RULEMAKING
Selectees for Conference & Negotiated Rulemaking

Restoring Second Amendment Rights for the
Common Defence as Originally Intended by the
Preamble to the U.S. Constitution
FEDERAL EXECUTIVE BRANCH

The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Counsel to the President
Assistant to the President for Homeland Security & Counterterrorism, Frances Fragos Townsend
Assistant to the President for Legislative Affairs
Assistant to the President for Domestice Policy
Domestic Policy Council
U.S. Department of State

2201 C Street NW
Secretary of State CONDOLEEZZA RICE, 202-647-5291
Deputy Secretary of State ROBERT B. ZOELLICK, 202-647-9641
Bureau of Legislative Affairs, JEFFREY T. BERGNER, Assistant Secretary, 202-647-4204
Counselor of the State Department, PHILIP ZELIKOW, Counselor, 202-647-9395
Office of Civil Rights, Barry L. Wells, Director, 202-647-9294
Office of Policy Planning Staff, STEPHEN KRASNER, Director, 202-647-2972
Office of the Inspector General, HOWARD J. KRONGARD, Directory 202-663-0361
Office of the Legal Adviser JOHN B. BELLINGER III, Legal Advisor, 202-647-9598
Office of the Under Secretary for Democracy and Global Affairs, PAULA J. DOBRIANSKY, Under
Secretary, 202-647-6240
Bureau of Democracy, Human Rights, and Labor, BARRY F. LOWENKRON, Assistant Secretary
202-647-1337
Under Secretary for Political Affairs R. NICHOLAS BURNS
Bureau of Western Hemisphere Affairs, THOMAS A. SHANNON, JR., Asst Secretary 202-647-5780
International Information, Programs, JEREMY CURTIN, Coordinator, 202-453-8358
Permanent Mission Of The United States Of America To The Organization Of American States, J.
Robert Manzanares, Acting Deputy U.S. Permanent Representative, 202-647-9422
7
U.S. Department of Justice

950 Pennsylvania Avenue, NW
Attorney General, Alberto Gonzales, 202-514-2001
Deputy Attorney General, Paul J. McNulty, 202-514-2007
Inspector General, Glenn A. Fine, 202-514-3435
Office of Legal Counsel, Assistant Attorney General STEVEN BRADBURY, 202-514-2051
Office of Legislative Affairs, Assistant Attorney General WILLIAM E. MOSCHELLA, 202-514-2141
Office of Legal Policy, Assistant Attorney General, RACHEL BRAND, 202-514-4601
Civil Division, Assistant Attorney General, PETER D. KEISLER, 202-514-3301
Civil Rights Division, Assistant Attorney General, WAN J. KIM, 202-514-2151
Criminal Division, Assistant Attorney General ALICE S. FISHER, 202-514-2601
Office of Justice Programs, Assistant Attorney General, REGINA B. SCHOFIELD, 202-307-5933
Office of Public Affairs, Director TASIA SCALINOS, 202-616-2777
Office of Information and Privacy, Director DANIEL J. METCALFE, 202-514-3642
Office of Intergovernmental and Public Liaison, Director and Advisor to the Attorney General,
CRYSTAL JEZIERSKI, 202-514-3465
Executive Office for U.S. Attorneys, Director MICHAEL A. BATTLE, 202-514-2121
Community Relations Service, Director SHAREE M. FREEMAN, 202-305-2935
Community Oriented Policing Services, Director CARL R. PEED, 202-616-2888
FBI, Director ROBERT S. MUELLER III, 202-324-3000 Main Number
BATFE, Director CARL J. TRUSCOTT, 202-927-8700
United States Marshals Service, Director JOHN F. CLARK, 202-307-9001
Mail Stop #________

Department of Homeland Security
245 Murray Lane, SW
Secretary of Homeland Security, Michael Chertoff
Deputy Secretary, Michael P. Jackson
Inspector General, Richard L. Skinner, 202-254-4292, dhsoighotline@dhs.gov
Under Secretary FEMA, R. David Paulson
National Protection and Programs, Directorate Under Secretary George W. Foresman
Policy Directorate, Assistant Secretary Stewart A. Baker
Office of Policy Development, Assistant Secretary Richard C. Barth
Homeland Security Advisory Council, Chair Judge William Webster, Fax: 202-282-9207, Email:
hsac@dhs.gov
Office of International Affairs, Assistant Secretary Cresencio Arcos
Private Sector Office, Assistant Secretary Alfonso Martinez-Fonts, 202-282-8484, Email:
private.sector@dhs.gov,
Director, Office of State and Local Government Coordination, Chester Lunner, Acting
Office for Civil Rights and Civil Liberties, Officer Daniel W. Sutherland, Mail Stop 0800, Toll Free
866-644-8360; Tel. 202-401-1474, Fax 202-401-4708, Email: civil.liberties@dhs.gov
General Counsel, Philip J. Perry
Office of Legislative and Intergovernmental Affairs, Assistant Secretary Pamela J. Turner, Mail Stop
0150; Phone: 202-447-5890; Fax: 202-447-5437
Senior Military Adviser, Timothy S. Sullivan
8
Office of Privacy, Chief Privacy Officer Hugo Teufel III, Phone: 571-227-3813; Fax: 571-227-4171;
Email: privacy@dhs.gov
Assistant Secretary, Transportation Security Administration, Edmund S. Hawley
White House Liaison, Eric M. Leckey
Commandant (CG-____),
U.S. Coast Guard
2100 Second Street, SW,
RAdm. Brian M. Salerno, Director of Inspection & Compliance Directorate, 202-372-1009, (G-3PC)
Commandant's Corner (CG-00), 202-372-4411
Vice Commandant's Corner (CG-09) 202-372-4422
Chaplain of the Coast Guard (CG-00A) 202-372-4434
Chief Administrative Law Judge (CG-00J) 202-372-4440
International Affairs & Foreign Policy Advisor (CG-00I) 202-372-4450
Office of Civil Rights (CG-00H), 202-372-4500
Compliance and Liaison Division (CG-00H1)
Policy and Plans Division (CG-00H2)
Judge Advocate General, RAdm. William D. Baumgartner, (TJAG) (CG-094) 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) 202-372-2600
Office of Maritime Domain Awareness Program (CG-52) 202-372-2590
Coordination & Integration Division (CG-521) 202-372-2620
Office of Mission Analysis (CG-512) 202-372-2580
Office of Policy & Planning Integration (CG-513) 202-372-2670
Marine Safety and Security Council

c/o Captain Ernest J. Fink, Commanding Officer
USCG National Maritime Center
4200 Wilson Blvd., Suite 730
Arlington, VA 22203
9
BATFE
650 Massachusetts Avenue, NW.
Acting Director, Michael J. Sullivan, (202) 927-8700

Disclosure Division, 202-927-8480, Room 8400
Firearms Programs Division, 202-927-7770, Room 7400\
Office of Chief Counsel, 202-927-7772, Room 6100
Office of Field Operations, 202-927-7970, Room 8100
Office of Enforcement Programs and Services, 202-927-7940, Room 8110
Office of Public Affairs, 202-927-8500, Room 8290
Office of Legislative Affairs, 202-927-8490, 8150
Office of Science and Technology, 202-927-8390, Room 8150
Office of Training and Professional Development, 202-927-9380, Room 8300
U.S. Department of Labor

200 Constitution Ave., NW
Secretary of Labor ELAINE L. CHAO, (202) 693-6000
Executive Secretariat Director RUTH D. KNOUSE, (202) 693-6100
Acting Deputy Secretary, HOWARD M. RADZELY, (202) 693-6000
Associate Deputy Secretary, LAURA GENERO, (202) 693-6000
Office of the Assistant Secretary for Policy, Asst. Secretary, LEON R. SEQUEIRA, (202) 693-5959
Office of Administrative Law Judges, Chief Judge JOHN M. VITTONE, (202) 693-7542
Center for Faith-Based and Community Initiatives, Director JEDD MEDEFIND, (202) 693-6450
Office of Small Business, Programs, Director JOSE A. LIRA, (202) 693-6460
Office of the 21st Century Workforce, Director KAREN CZARNECKI, (202) 693-6490
Women’s Bureau, Director SHINAE CHUN, (202) 693-6710
Office of Congressional and Intergovernmental Affairs, Assistant Secretary, KRISTINE IVERSON,
(202) 693-4601
Assistant Secretary for Employment and Training Administration, EMILY STOVER DEROCCO,
(202) 693-2700
Assistant Secretary for Employment Standards, VICTORIA A. LIPNIC, (202) 693-0200
Assistant Secretary for Occupational Safety and Health, EDWIN G. FOULKE, JR., (202) 693-2000
Office of the Solicitor, Acting Solicitor JONATHAN L. SNARE, (202) 693-5260
Office of the Assistant Secretary for Policy, Assistant Secretary, Leon R. Sequeira, (202) 693-5959
Office for Public Affairs, Acting Assistant Secretary, C. James Schaefer IV, (202) 693-4676
Bureau of International Labor Affairs, Deputy Undersecretary JAMES CARTER, (202) 693-4770
10
U.S. Department of Labor

Occupational Safety & Health Administration
200 Constitution Avenue
Washington, D.C. 20210
Maritime Advisory Committee for Occupational Safety and Health (MACOSH)
Government Interests
Stephen D. Hudock - National Institute for Occupational Safety and Health 1-800-
356-4674
CAPT. Lorne Thomas – U.S. Coast Guard, Chief, Office of Operating &
Environmental Standards USCG Headquarters (G-PSO), 202-372-1400
Email: LThomas@comdt.uscg.mil
Charles Lemon - Washington State Department of Labor and Industry, 360-902-
4669; Email: Lemc235@LNI.wa.gov
Jim Maddux - Designated Federal Official, OSHA, Office of Maritime, Director,
Room N3609 FPB, Phone: (202) 693-2086, FAX: (202) 693-1663
Employer Interests
James Thornton – Northrop Grumman Newport News Shipbuilding, 4101
Washington Avenue, Newport News, VA 23607; (757) 380-2000, Email
nnwebmaster@ngc.com
CAPT. Teresa Preston – Director of Safety, Environmental & Quality, Atlantic
Marine/ Alabama Shipyard, Inc., P.O. Box 3202; Main Gate, Dunlap Drive;
Mobile, AL 36652; Tel: 251-690-7100; Fax: 251-690-7107; Email:
ammsales@atlanticmarine.com; asisales@atlanticmarine.com
Marc MacDonald – Director of Accident Prevention, Pacific Maritime Association,
555 Market Street, San Francisco, CA 94105-2800; Phone: (415) 576-3200;
Main FAX: (415) 348-8392
Jim Burgin - National Maritime Safety Association
Donald Raffo – Laboratory supervisor & marine chemist, General Dynamics
Stewart Adams - Naval Sea Systems Command (NAVSEA) U.S. Department of the
Navy
Employee Interests
Michael Flynn - Safety and Health Director, Intl Association of Machinists and
Aerospace Workers, 9000 Machinists Place, Upper Marlboro, Maryland,
20772-2687; Phone: (301)967-4500 Email: websteward@goiam.org
David Tubman, Jr. - Marine Engineers' Beneficial Association, Hall of the States
Building, 444 North Capitol Street, Suite 800, Washington DC., 20001; (202)
638-5355; (202) 638-5369 FAX; Email: dtubman@d1meba.org.
Robert Gleason – Secretary-treasurer, International Longshoremen's Association,
AFL-CIO; 17 Battery Place, Suite 930, New York, New York 10004; 212-
425-1200 ext. 317; Email: rgleason@ilaunion.org
John Castanho - Longshore Division Safety Committee, International Longshore
and Warehouse Union, 1188 Franklin Street, 4th Floor, San Francisco, CA
94109; Tel. 415-775-0533; Fax 415-775-1302 fax, info@ilwu.org; (Chair,
Local 10, Northern California Area)
Earnest D. Whelan - President/Business Mgr., International Union of Operating
Engineers, Local 25, 463 Highway 33, Millstone, NJ. 07726; Toll Free: (800)
474-1225; Phone: 732-446-6262; cell:732-208-7281; Fax: 732-446-4646;
info@iuoelocal25.org
11
T. Warren Fairley, Jr. - Int Brotherhood of Boilermakers, Iron Shipbuilders,

Blacksmiths, Forger and Helpers, Director, Shipbuilding and Marine Division,
5127 River Road, Lucedale, MS 39452; (601) 947-2416; Email:
wfairley@boilermakers.org
U.S. Department of Transportation

400 7th Street, S.W.
Secretary of Transportation, MARY E. PETTERS

White House Liaison LORI MCMAHON
Deputy Secretary MARIA CINO
Under Secretary for Policy JEFFREY N. SHANE, (202) 366-1815, Room 10126
Chief Information Officer DANIEL G. MINTZ, (202) 366-9201
Director of Civil Rights J. MICHAEL TRUJILLO, (202)366-4648
General Counsel, Acting General Counsel, Rosalind A. Knapp, Tel: 202-366-4702; Fax: 202-366-
3388, Room 10428 Nassif; Email: lindy.knapp@dot.gov
Inspector General, CALVIN L. SCOVEL, (202) 366-1959
Budget and Programs/CFO, PHYLLIS SCHEINBERG, (202) 366-9191, B-1, Room 10101
Governmental Affairs, Assistant Secretary, SHANE KARR, Governmental. 202-366-4573; Suite
10408; Email: AffairsOST@ost.dot.gov
Transportation Policy, Acting Assistant Secretary TYLER DUVALL, (202) 366-0301
Department of Education
U.S. Department of Education
400 Maryland Avenue, SW
Margaret Spellings, Secretary, Room 7W301, Bldg FB6, Mail Stop 0100; Tel. (202) 401-3000
Deputy Secretary, Raymond Simon, Room 7W310, Bldg FB6, Mail Stop 0500; (202) 401-8450
White House Liaison Director, Jana Toner, Room 7W201, Bldg FB6, Room 0106, (202) 260-8308
Chief of Staff, David Dunn, Room 7W315, Bldg. FB6; Mail Stop 0101, Tel. (202) 401-3000
Policy and Program Studies Service, Alan L. Ginsburg, 6W230, Bldg FB6, Mail Stop 8170, (202)
401-3132, opepd.ppss@ed.gov
Office of Inspector General, John P. Higgins, Jr. Inspector General,Room 8099, Bldg PCP, Mail
Stop 1510, (202) 245-6900
Office of Legislation and Congressional Affairs, Terrell Halaska, Assistant Secretary, Room 6W315,
Bldg FB6, Mail Stop 3100, (202) 401-0020
Office of Planning, Evaluation and Policy Development, Assistant Secretary, Kerri Briggs (A), Room
5E311, Bldg FB6, Mail Stop 1200, (202) 260-7392
Office of the General Counsel, Kent Talbert, General Counsel, Room 6E301, Bldg FB6, Mail Stop
2100, (202) 401-6000
Office for Civil Rights, Stephanie Monroe, Assistant Secretary, Room 6095, Bldg PCP, Mail Stop
1100, (202) 245-6700
12
Center for Faith-Based and Community Initiatives

U. S. Department of Education
555 New Jersey Ave., NW; Suite 410
Washington, DC 20208-8300 (202) 219-1741
(202) 208-1689 (fax)
faithandcommunity@ed.gov
Shayam K. Menon, Room 410-M, Bldg CP, (202) 219-3045
National Labor Relations Board

1099 14th St. N.W.
Washington, D.C. 20570-0001
TEL: 202-208-3000
FAX: 202-208-3013
Resident Officer: MARK BAPTISTE-KALARIS (Resident Office, 5)

Chairman ROBERT J. BATTISTA, 202-273-1770
Executive Secretary LESTER A. HELTZER, 202-273-1067
Inspector General JANE E. ALTENHOFEN, 202-273-1960
Chief Administrative Law Judge ROBERT A. GIANNASI, 202-501-8800
Office of the Chief Information Officer, RICHARD WESTFIELD, 202-273-1450
Office of the General Counsel, General Counsel RONALD MEISBURG, 202-273-3700
Office of Equal Employment Opportunity, Director ROBERT J. POINDEXTER, 202-273-3891
Division of Advice, Associate General Counsel BARRY J. KEARNEY, 202-273-3800
Division of Enforcement Litigation, Associate General Counsel, JOHN H. FERGUSON, 202-273-
2950
National Labor Relations Board – Little Rock, AR

Metropolitan National Bank Building
425 West Capitol Ave., Suite 1615
Little Rock, AR 72201-3489
Hours of Operation: 8:00 am - 4:30 pm (CST)
TEL: 501-324-6311
FAX: 501-324-5009
Resident Officer: Bruce D. Hill, Little Rock (Resident Office, 26)
13
FEDERAL LEGISLATIVE BRANCH

U.S. Senate’s Legislative Counsel (2 U.S.C. 271)
The Office of Legislative Counsel, Room SD-668,
Dirksen Senate Office Building.
Tel. (202) 224-6461
Fax. (202) 224-0567)
email receptionist@slc.senate.gov
http://slc.senate.gov/index.htm
U.S. House of Representatives Legislative Counsel (2 U.S.C. § 281);

136 Cannon House Off Bg
Phone: (202) 724-8093
Fax: (202) 226-0779
U.S. House of Representatives’ Office of the Law Revision Counsel (2 U.S.C. § 285);
Fax 202-225-0010.
Elijah E. Cummings, Chairman

Subcommittee on Coast Guard and Maritime Transportation
Committee on Transportation and Infrastructure
U.S. House of Representatives
2165 Rayburn House Office Building
Phone: (202) 225-4472
Fax: (202) 226-1270
Chairman, Rep. Bennie G. Thompson (D-MS)

Committee on Homeland Security
Phone: (202) 226-2616
Fax: (202) 226-4499
Chairman James Oberstar

Subcommittee on Coast Guard & Maritime Transportation - Commercial Fishing Vessel Safety
Peter A. DeFazio, Oregon, Chairman
Subcommittee on Highways and Transit
Committee on Transportation and Infrastructure
2165 Rayburn House Office Building
Phone: (202) 225-4472
Fax: (202) 226-1270
14
FEDERAL ADVISORY COMMITTEE ACT
THE U.S. CODE

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
15
National Academy of Sciences or the National Academy of Public Administration.

(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
16
agency by law.
(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,
17
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
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.
18
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
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
19
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.
(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
20
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
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
21
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) 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.
22
LAST KNOWN ADDRESS OF THE

(A.C.U.S.)
Chair (unknown)
Administrative Conference of the United States
2120 L Street, N.W., Suite 500
Washington, D.C. 20037-1568
23
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 The primary, although not exclusive,
States (ACUS). This action may have saved $1.8 function of the Conference was to study
million a year, but it eliminated the only federal administrative processes with an eye to
agency chartered specifically to ensure that federal recommending improvements to Congress and the
agency programs are administered fairly, agencies. It performed this function by
efficiently, and effectively. This "penny-wise, commissioning studies by law professors expert in
pound-foolish" decision was made despite the administrative process that then were reviewed
entreaties on behalf of the Conference from such by one of six standing committees: adjudication,
bipartisan sources as: Justices Stephen Breyer, a administration, governmental processes, judicial
Conference member, and Antonin Scalia, a former review, regulation, and rulemaking. The
Conference Chair; Senators Orrin Hatch, Charles recommendations developed by committees of the
Grassley, Carl Levin, and John Glenn; former Conference would be considered for adoption by
White House Counsel C. Boyden Gray; David the Assembly in plenary sessions, which were
Vladeck, director of the Public Citizen Litigation typically held twice a year.
Group; President Reagan's budget director, James
C. Miller; and OMB Director Alice Rivlin. Given The improvements occasioned by the
until the end of October to wind up affairs, the Conferences recommendations are legion.
Conference, its staff, and its accumulated expertise Inasmuch as the Conference never had the power
is now spread to the winds. to impose its recommendations on unwilling
subjects, the fact that so many of its
Little known "outside the Beltway," ACUS recommendations bore fruit is a testimony to their
was a unique entity. Comprised of between 75 intrinsic sense. Some, like the Conference's
and 101 individuals drawn from agencies, recommendation in 1968, its first year of
academia, and the private sector, the Conference operation, to eliminate a jurisdictional amount in
was classified as both an independent agency and suits under the APA, were followed by Congress in
a federal advisory committee. Organizationally, it passing new legislation. Another example is its
consisted of a Chair, a Council, and an Assembly. recommendation to provide administrative penalty
The Chair, appointed by the President and authority to agencies to increase the effectiveness
confirmed by the Senate for a five-year term, was of agency enforcement activities at lower cost, first
responsible for the day-to-day activities and proposed by the Conference in 1972 and since
supervision of the 18 permanent staff. The adopted by Congress in over 200 statutes. A third
Council, which functioned like a board of is its 1980 recommended solution to unseemly
directors, consisted of ten members appointed by races to the courthouse in rulemaking appeals,
the President for three-year terms, five of whom adopted by Congress in 1988.
were always current senior federal officials. The
Assembly was made up of the Chair, the Council, Other recommendations, like the
and the other members of the Conference, a Conference's early recommendation to eliminate
majority of whom had to come from government the exemption from the APA's notice-and-
service. All of the members (other than the Chair) comment requirements for rules relating to public
24
property, loans, grants, benefits, and contracts, included provisions for the Conference to study
were sufficiently influential to lead agencies to the effects of the legislation.
adopt the recommendations on their own. Its
recommendation in 1988 on Presidential The Conference's contribution to
Transition Workers' Code of Ethical Conduct were administrative law and procedure was not limited
used by President Bush as the basis for his just to studies. Drawing on its expertise, ACUS
transition standards of conduct, and the Clinton issued numerous publications designed to assist
administration likewise followed what had become agencies in their administrative processes. For
standard procedures. From 1968 to 1995, the example, in 1972 the Conference published the
Conference issued approximately 200 first edition of its Manual for Administrative Law
recommendations, most of which have been at Judges (now in its 3d edition); in 1978 it published
least partially implemented. its Interpretive Guide to the Government in the
Sunshine Act; in 1981 it issued Model Rules for
Probably the area in which the Conference Agency Implementation of the Equal Access to
had its greatest influence was in introducing and Justice Act. The latter two of these documents
supporting the use of alternative dispute resolution were responsive to Congress's requirement for
techniques in agency practice. Its recommendation agencies to consult with the Conference in
in 1982 provided procedures by which agencies implementing these statutes. In addition, the
could negotiate proposed regulations, and it Conference has published sourcebooks on Federal
followed the recommendation with support and Administrative Procedure, Negotiated Rulemaking,
encouragement to agencies to experiment with this and Alternative Dispute Resolution, as well as the
new technique. Ultimately, Congress adopted the Guide to Federal Agency Rulemaking.
Negotiated Rulemaking Act in 1990, virtually
copying the procedures contained in the Finally, in recent years, following the collapse
Conference's original recommendation. Similarly, of the Soviet Union, Congress authorized the
in 1986 the Conference issued the first of some Conference to lend its expertise to newly emerging
fifteen recommendations on using alternative democracies in their creation of administrative law
means of dispute resolution in agency and procedures. As a result, the Conference
adjudications. In 1990 Congress again followed sponsored seminars in the Ukraine, Hungary, the
the Conference's lead and enacted the People's Republic of China, and South Africa.
Administrative Dispute Resolution Act.
Recognizing the Conference's leadership role in The ABA has long been a strong supporter of
this area, that Act gave the Conference the the Conference, and over the years the
principal role for coordinating and promoting ADR Conference and the Section on Administrative
in the federal government. Law and Regulatory Practice have enjoyed a close
and mutually supportive relationship. Many
Another area in which the Conference had a Section Chairs have been active ACUS members,
major influence involved its study of Presidential and two Conference Chairs (Jerre Williams and
review of agency rulemaking undertaken during Antonin Scalia) have also chaired this Section.
the Reagan administration. This was a subject that Three other ACUS Chairs have been Section
had the potential to become highly partisan, but Council Members (Robert Anthony, Reuben
the Conference's reputation for neutrality and Robertson, and Marshall Breger). Jeff Lubbers, the
expertise enabled it to review the practice, longtime Research Director of the Conference, has
generally validate its exercise, and makes certain been very active in the Section, serving as
recommendations to improve its openness and Rulemaking monitor, Secretary, and currently
public acceptability. Because of the Conference's Council Member. The Section will miss the
track record of useful and expert studies of the Conference greatly and hopes that before long it
administrative process, all the regulatory reform will be reestablished.
bills considered by the Senate in the last session
RESURRECTED IN 2004 WITH FUNDING FOR 2005-2007
25
INSERT FEDERAL REGULATORY IMPROVEMENT ACT OF 2004
26
27
THE FEDERAL GOVERNMENT & NEGOTIATED RULEMAKING
FEDERAL RULEMAKING PROCEDURES

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.
PURPOSE OF NEGOTIATED RULEMAKING

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 [see above], 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.
ENCOURAGING NEGOTIATED RULEMAKING

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;
(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
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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.
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;
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(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.
(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.
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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 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.
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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 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.
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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.
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THE U.S. COAST GUARD & NEGOTIATED RULEMAKING
THE U.S. COAST GUARD

&
NEGOTIATED RULEMAKING
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
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 7 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; 8
(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;
7
See also Karen D. Smith and Nancy F. Nugent, THE ROLE OF THE MARITIME DEFENSE ZONE IN THE
21ST CENTURY, Center for Naval Analysis, Alexandria,Virginia. Document No. CAB D0002525.A1/Final,
September 2000. Originally marked Unclassified For Official Use Only, but now it is marked Cleared for Public
Release.
8
Would this not include my proposal for an armed U.S. MERCHANT MARINE AUXILIARY with non-overlapping
duties with the COAST GUARD AUXILIARY? Would this not be part of the Common Defence as stipulated in the
Preamble to the U.S. Constitution?
34
(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 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;
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(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.
(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
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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

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.
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(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 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.
38
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;
(2) There are a limited number of representatives for identifiable parties affected by the rule;
39
(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.
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FEDERAL ADVISORY COMMITTEE

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.
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OATH OF OFFICE
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.
42
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);
43
TITLE 4, U.S. ATTORNEY’S MANUAL - COMPROMISING
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.
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.
44
CODE OF FEDERAL REGULATIONS
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.
45

My Disclosure Notice and Negotiated Rule Making Demand

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Don Hamrick Monday, April 23, 2007

5860 Wilburn Road, Wilburn, Arkansas, 72179. Email: 4donhamrick@gmail.com

IN THE MATTER OF:

BULLETIN: PLAINTIFF’S NOTICE TO THE U.S. GOVERNMENT:

PLEASE FORWARD TO THESE RESPONDENTS:

PLEASE FORWARD TO THESE GOVERNMENT WITNESSES:

PLAINTIFF’S CONSTITUTIONAL AUTHORITY TO

PURPOSE AND EFFECT OF THE PREAMBLE

THE PLAINTIFF HAS THE AUTHORITY OF A

PLAINTIFF’S DEMAND FOR RULE 26(a)(1) DISCLOSURE

PLAINTIFF DEMANDS HIS RIGHT OF DUE PROCESS TO

Tim Griffin, U.S. Attorney

Don Hamrick, civil plaintiff

Selectees for Conference & Negotiated Rulemaking

FEDERAL EXECUTIVE BRANCH

U.S. Department of State

U.S. Department of Justice

Mail Stop #________

Marine Safety and Security Council

Acting Director, Michael J. Sullivan, (202) 927-8700

U.S. Department of Labor

U.S. Department of Labor

T. Warren Fairley, Jr. - Int Brotherhood of Boilermakers, Iron Shipbuilders,

U.S. Department of Transportation

Secretary of Transportation, MARY E. PETTERS

Center for Faith-Based and Community Initiatives

National Labor Relations Board

Resident Officer: MARK BAPTISTE-KALARIS (Resident Office, 5)

National Labor Relations Board – Little Rock, AR

Resident Officer: Bruce D. Hill, Little Rock (Resident Office, 26)

FEDERAL LEGISLATIVE BRANCH

U.S. House of Representatives Legislative Counsel (2 U.S.C. § 281);

Elijah E. Cummings, Chairman

Chairman, Rep. Bennie G. Thompson (D-MS)

Chairman James Oberstar

THE U.S. CODE

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

5 U.S.C. APPENDIX § 3. DEFINITIONS

National Academy of Sciences or the National Academy of Public Administration.

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

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

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

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

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

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

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

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

LAST KNOWN ADDRESS OF THE

American Bar Association on the

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

RESURRECTED IN 2004 WITH FUNDING FOR 2005-2007

INSERT FEDERAL REGULATORY IMPROVEMENT ACT OF 2004

FEDERAL RULEMAKING PROCEDURES

PURPOSE OF NEGOTIATED RULEMAKING

ENCOURAGING NEGOTIATED RULEMAKING

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

representation of persons who—

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

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

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

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

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

5 U.S.C. § 570. JUDICIAL REVIEW