Administrative Conference of the United States

Last updated
Administrative Conference of the United States
Seal of the Administrative Conference of the United States.png
Seal of the Administrative Conference of the United States
Agency overview
Formed1964, revived 2009
Headquarters1120 20th St. NW, Suite 706 South Washington, D.C.
Employees18 (2018)
Agency executives
Website www.acus.gov

The Administrative Conference of the United States (ACUS) is an independent agency of the United States government that was established in 1964 by the Administrative Conference Act. [1] The conference's purpose is to "promote improvements in the efficiency, adequacy, and fairness of the procedures by which federal agencies conduct regulatory programs, administer grants and benefits, and perform related governmental functions." [1]

Contents

To this end, the conference conducts research and issues reports concerning various aspects of the administrative process and, when warranted, makes recommendations to the President, Congress, particular departments and agencies, and the judiciary concerning the need for procedural reforms. Of these recommendations, 33% have focused on reducing government costs and increasing revenue, 26% on improving the use of science in the administrative process, and 20% on reducing litigation in the regulatory process. [2] Implementation of conference recommendations may be accomplished by direct action on the part of the affected agencies or through legislative changes.

Structure

The chairman is appointed by the president, with the advice and consent of the U.S. Senate, for a 5-year term. The other ten members of the council, which acts as an executive board, are appointed by the president for 3-year terms. [3] Federal officials may comprise no more than one-half of the full membership of the council. The chairman is the only full-time compensated member.

In order to draw on a wide array of expertise and ensure diversity of views that contribute to the formulation of ACUS recommendations, conference membership consists of no fewer than 75 and no more than 101 members who are chosen from government agencies, the practicing bar, academia, corporations, and nonprofit entities. [1] Each member serves on one of the ACUS committees, which are devoted to one of five administrative procedure subjects: adjudication, administration and management, judicial review, regulation, and rulemaking. [4] ACUS estimates that its volunteer experts bring an added $1.1 million of value to agency work. [2]

History

ACUS was formed as a permanent agency to continue the bipartisan efforts of the two temporary administrative conferences that operated during the Eisenhower and Kennedy administrations. [1] [5] Each of the temporary conferences had recommended the establishment of a permanent body to continually study, and recommend improvements to, administrative procedures. [5]

ACUS began operations with the appointment and confirmation of its first chairman in 1968. In just under three decades, the conference undertook more than 200 recommendation projects examining various areas of administrative law and practice. [6] In 1995, the conference ceased operations due to loss of funding, but the statutory provisions establishing ACUS were not repealed. [6] Indeed, the work of the conference received continued recognition over the years. In 2007, the Congressional Research Service remarked that ACUS offered “nonpartisan, nonbiased, comprehensive, and practical assessments and guidance with respect to a wide range of agency processes, procedures, and practices”. [6]

In support of the reauthorization of ACUS, Justice Antonin Scalia, a former chairman of ACUS, testified before the house judiciary committee that the conference represented “a unique combination of talents from the academic world, from within the executive branch... and ... from the private bar, especially lawyers particularly familiar with administrative law". [7] He also described ACUS as “one of the federal government’s ‘best bargains... for the buck’”. [8] Following this and other testimony, congress reauthorized the conference in 2004 and again in 2008. [9]

The 2004 legislation expanded the responsibilities of ACUS to include specific attention to achieving more effective public participation and efficiency, reducing unnecessary litigation, and improving the use of science in the rulemaking process. [1] Funding was approved in 2009, and the conference was officially re-established in March 2010, when the United States Senate confirmed Paul R. Verkuil as chair. The re-established ACUS started a new online presence, including a searchable database of publications and recommendations throughout its existence from 1968 to 1995 and its re-establishment in March 2010 to present. [10]

Recommendations and resources

Many early ACUS recommendations were enacted by congress, and more have been relied on by agencies and courts. For example, ACUS has made several influential recommendations to eliminate technical impediments to judicial review of agency decisions. [11] Congress implemented each of ACUS's proposals through Public Law 94-574. [11]

ACUS also worked to develop and implement the use of alternative dispute resolution techniques in administrative practice, with the goal of decreasing litigation cost and delays in agency programs. [6] These efforts resulted in the Administrative Dispute Resolution Act in 1990, by which congress provided a framework for agencies to use alternative dispute resolution to resolve administrative litigation. [12] ACUS also explored—and worked to implement through legislation—alternative dispute resolution techniques in rulemaking. The conference's recommendations on negotiating regulations served as the groundwork for the Negotiated Rulemaking Act. [13]

Since its re-establishment in 2010, the conference has adopted more than 40 recommendations and statements providing recommended reforms directed to federal agencies, congress, the president, and the Judicial Conference of the United States. Although formally, ACUS recommendations are non-binding, some of the more significant developments to grow out of ACUS's work include its recommendation addressing agency adjustments to civil monetary penalties was implemented by congress in the Bipartisan Budget Act of 2015, which the Congressional Budget Office estimated would increase government revenue by $1.3 billion over the next ten years. [2] Another recommendation was implemented through Executive Order 13,609, which seeks to reduce unnecessary international regulatory disparities that impose costs on business; [14] yet another recommendation prompted the Office of Management and Budget to update its guidance on how federal agencies can incorporate standards set by industrial, scientific, and other entities in their own regulations. [15]

In addition to these recommendations, ACUS hosts trainings, working groups, and other initiatives for agency and congressional staff. [16] The conference also has released a number of resources for agency officials and the general public. Two recent resources include the Sourcebook of United States Executive Agencies, [17] which comprehensively catalogs the agencies and other organizational entities of the federal executive establishment, and the Federal Administrative Adjudication Database, a joint project with Stanford Law School to “map the contours of the federal administrative adjudicatory process, including both ‘formal’ adjudication conducted under the Administrative Procedure Act (‘APA’) and ‘informal’ adjudication”. [18]

Chairmen

See also

Related Research Articles

<i>Federal Register</i> Official journal of the US federal government

The Federal Register is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated quarterly.

In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.

An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.

<span class="mw-page-title-main">Office of Information and Regulatory Affairs</span> Subagency within the US Government

The Office of Information and Regulatory Affairs is a Division within the Office of Management and Budget (OMB), which in turn, is within the Executive Office of the President. OIRA oversees the implementation of government-wide policies in, and reviews draft regulations under, Executive Order 12866, the Paperwork Reduction Act, and the Information Quality Act.

United States federal administrative law encompasses statutes, regulations, rules, common law rulings, and directives issued by the Office of Information and Regulatory Affairs in the Executive Office of the President, that together define the extent of powers and responsibilities held by administrative agencies of the United States government. The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.

Congressional oversight is oversight by the United States Congress over the executive branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional committee system. Oversight also occurs in a wide variety of congressional activities and contexts. These include authorization, appropriations, investigative, and legislative hearings by standing committees; which is specialized investigations by select committees; and reviews and studies by congressional support agencies and staff.

Negotiated rulemaking is a process in American administrative law, used by federal agencies, in which representatives from a government agency and affected interest groups negotiate the terms of a proposed administrative rule. The agency publishes the proposed rule in the Federal Register and then follows the usual rulemaking procedure of soliciting public comments, which are evaluated for inclusion in the final rule.

The Administrative Law, Process and Procedure Project is a bipartisan undertaking of the Committee on the Judiciary of the House of Representatives of the United States Congress. It consists of a comprehensive study of the state of administrative law, process and procedure in the United States. A description of the Project was included in the Judiciary Committee's Oversight Plan for the 109th Congress, as approved by the Committee on January 26, 2005. The Project will culminate with the preparation of a detailed report with recommendations for legislative proposals and suggested areas for further research and analysis to be considered by the Administrative Conference of the United States (ACUS). House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-WI) and Ranking Member John Conyers (D-MI) requested the Congressional Research Service (CRS) to assist Representative Chris Cannon (R-UT), the Chairman of the Subcommittee on Commercial and Administrative Law (CAL), in conducting the Project.

<span class="mw-page-title-main">Regulatory Flexibility Act</span>

The Regulatory Flexibility Act (RFA) is perhaps the most comprehensive effort by the U.S. federal government to balance the social goals of federal regulations with the needs and capabilities of small businesses and other small entities in American society.

<span class="mw-page-title-main">Authorization bill</span> Type of United States legislation

An authorization bill is a type of legislation used in the United States to authorize the activities of the various agencies and programs that are part of the federal government of the United States. Authorizing such programs is one of the powers of the United States Congress. Authorizations give those things the legal power to operate and exist. Authorization bills must be passed in both the United States House of Representatives and the United States Senate before being signed by the President of the United States in order to become law. They may originate in either chamber of Congress, unlike revenue raising bills, which must originate in the House. They can also be considered at any time during the year.

Title 1 of the Code of Federal Regulations, titled General Provisions, is a United States federal government regulation.

<span class="mw-page-title-main">Administrative Procedure Act</span> US federal statute

The Administrative Procedure Act (APA), Pub. L.Tooltip Public Law  79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law.

The Commission on Economy and Efficiency was a presidential commission appointed by President William Howard Taft between 1910 and 1913 to look at and propose reforms for the United States federal government, particularly the presidential budget. It is also known in government reorganization and reform scholarship as the Taft Commission, however, this is a bit of a misnomer as the Taft Commission originally referred to the Philippine Commission of which Taft was the chairman. The Commission on Economy and Efficiency is most notable for proposing the first budget for the federal government but also is notable for creating the procedure for the President to establish a commission to study administrative reform.

<span class="mw-page-title-main">Public Law 113-45</span>

Public Law 113-45 is a U.S. federal law that requires that the Federal Motor Carrier Safety Administration go through the standard rulemaking proceeding, allowing comment from the public and the trucking industry, before it sets any requirements for truck drivers related to sleep apnea. It was introduced in the United States House of Representatives during the 113th United States Congress and was signed into law by President Barack Obama in October 2013.

<span class="mw-page-title-main">FOIA Oversight and Implementation Act of 2014</span>

The FOIA Oversight and Implementation Act of 2014 is a bill that would amend the Freedom of Information Act in order to make it easier and faster to request and receive information. The bill would require the Office of Management and Budget to create a single FOIA website for people to use to make FOIA requests and check on the status of their request. The bill would also create a Chief FOIA Officers Council charged with reviewing compliance and recommending improvements. This bill would also require the federal agency to release the information it disclosed to the person who requested it publicly afterwards.

<span class="mw-page-title-main">Federal Communications Commission Process Reform Act of 2013</span> Proposed United States legislation

The Federal Communications Commission Process Reform Act of 2013 is a bill that would make a number of changes to procedures that the Federal Communications Commission (FCC) follows in its rulemaking processes. The FCC would have to act in a more transparent way as a result of this bill, forced to accept public input about regulations. Although the FCC would be allowed to decide on its own transparency guidelines, it would have to report annually on how well it was meeting those guidelines. The FCC would also have to provide notice about rules it was writing and allow for comment.

<span class="mw-page-title-main">Open Book on Equal Access to Justice Act</span>

The Open Book on Equal Access to Justice Act is a bill that would require the Administrative Conference of the United States (ACUS) to prepare a report each year on the amount of fees and other expenses awarded by federal courts to nonfederal entities when they prevail in a case against the United States. The bill would amend the Equal Access to Justice Act.

<span class="mw-page-title-main">Intelligence Authorization Act for Fiscal Year 2014</span> United States Law

The Intelligence Authorization Act for Fiscal Year 2014 is a U.S. public law that authorizes appropriations for fiscal year 2014 for intelligence activities of the U.S. government. The law authorizes there to be funding for intelligence agencies such as the Central Intelligence Agency or the National Security Agency, but a separate appropriations bill would also have to pass in order for those agencies to receive any money.

Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.

References

  1. 1 2 3 4 5 "Administrative Conference Act" . Retrieved December 14, 2016.
  2. 1 2 3 "ACUS in Brief" (PDF). Administrative Conference of the United States. Retrieved December 14, 2016.
  3. ↑ "About the Council". Administrative Conference of the United States. Retrieved December 14, 2016.
  4. ↑ "Committees". Administrative Conference of the United States. Retrieved December 14, 2016.
  5. 1 2 Memorandum Convening the President's Commission on Administrative Procedure, Public Papers 219-22 (Apr. 29, 1953); Executive Order 10934, 26 Fed. Reg. 3233 (Apr. 13, 1961).
  6. 1 2 3 4 "History". Administrative Conference of the United States. Retrieved December 14, 2016.
  7. ↑ "ACUS FY 2011 Congressional Budget Justification" (PDF). Administrative Conference of the United States. Retrieved December 14, 2016.
  8. ↑ "ACUS 50th Anniversary Fact Sheet" (PDF). Administrative Conference of the United States. Retrieved December 14, 2016.
  9. ↑ Pub. L. 108-401, sec. 2(a), Oct. 30, 2004, 118 Stat. 2255; and Pub. L. 110-290, sec. 2, July 30, 2008, 122 Stat. 2914.
  10. ↑ "Research Projects". Administrative Conference of the United States. Retrieved December 14, 2016.
  11. 1 2 Edles, Gary J. (1998). "The Continuing Need for an Administrative Conference". Admin. L. Rev. 50: 101.
  12. ↑ Pub. L. 101-552, 104 Stat. 2736 (1990).
  13. ↑ Pub. L. 101-648, 104 Stat. 4970 (1990).
  14. ↑ "Executive Order 13,609" (PDF). Office of Management and Budget . Archived (PDF) from the original on 2017-01-21 – via National Archives.
  15. ↑ "Incorporation by Reference". Administrative Conference of the United States. Retrieved December 14, 2016.
  16. ↑ "Special Initiatives". Administrative Conference of the United States. Retrieved December 14, 2016.
  17. ↑ Lewis, David E.; Selin, Jennifer L. (2013). Sourcebook of United States Executive Agencies (PDF) (corrected March 2013 ed.). Washington, DC: Administrative Conference of the United States.
  18. ↑ "Adjudication Research: Joint Project of ACUS and Stanford Law School" . Retrieved December 14, 2016.
  19. 1 2 3 4 5 6 7 8 9 10 "Former Chairmen". Administrative Conference of the United States. Archived from the original on March 19, 2021. Retrieved March 24, 2021.
  20. ↑ "ACUS Welcomes New Chairman Andrew Fois" (Press release). Washington, D.C.: Administrative Conference of the United States. May 31, 2022. Retrieved June 17, 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.