Nature of assignment: There are many differences between the federal APA and the MSAPA. Some are philosophical, reflecting divergent policy preferences or divergent weights attached to conflicting values. Other differences between the APA and the MSAPA are prescriptive. That is, one may omit steps required by the other or permit those steps to be satisfied in divergent ways. Discuss the following:

First, identify the subject or topic as to which you perceive the difference in treatment. 

Second, state the sections of the APA and the MSAPA in which the subject or topic you are addressing is treated. If the subject is treated in only one of the two, state the pertinent section in the one and state that there is no pertinent section in the other.

 

The difference that is being focused on in this discussion is that of application of agency regulations retroactively. Each of the two Acts illustrates the extent to which retroactivity can be applied. For instance, the APA covers this in section 2953.

Step-by-step explanation

The MSAPA addresses this retroactivity issue in section 1544. The APA prohibits the use of retroactivity unless under special circumstances. For example, it adds a clause that requires financial reporting to be retroactively considered. Nonetheless, this consideration should not go beyond one year since the APA was enacted. On the other hand, the MSAPA states categorically that there is no such a time when it can be applied retroactively. This is clear in section 1544. Looking at the two laws, I believe that the approach used by the APA is much better compared to that used in the MSAPA.

The MSAPA approach does not include issues of high public interest such as money laundering and financing of crime and terrorism. There are times when people engage in covert activities such as financing of underground criminal gangs and terror organizations that have been proscribed in the United States. In such cases, retroactive application of administrative laws should apply. Nowadays, people are sending money to different organizations using the internet and at a very low cost. It has become easier to finance illegal business and terrorism.

With the APA approach to the issue of retroactive application of administrative laws, I am confident that agencies that handle issues of public interest such as money laundering, organized criminal activity and terrorism will be better placed to handle those issues for the benefit of the entire nation. If we choose to go by the MSAPA approach, then it is likely that the regulations in it are too inflexible to yield any substantive benefits to the people.