Edit Organization: Administrative Conference of the United States

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{{short description|Independent agency of the U.S. government}} {{Infobox government agency | type = | seal = Seal of the Administrative Conference of the United States.png | seal_caption = Seal of the Administrative Conference of the United States | logo = | logo_caption = | formed = 1964, revived 2009 | preceding1 = | preceding2 = <!-- (etc.) --> | dissolved = | jurisdiction = | headquarters = 1120 20th St. NW, Suite 706 South [[Washington, D.C.]] | coordinates = | employees = 18 (2018) | budget = | minister1_name = | minister1_pfo = | minister2_name = | minister2_pfo = | chief1_name = [[Andrew Fois]] | chief1_position = Chairman | chief2_name = Nitin Shah | chief2_position = Vice Chairman | chief3_name = | chief3_position = | chief4_name = | chief4_position = | chief5_name = | chief5_position = | chief6_name = | chief6_position = | chief7_name = | chief7_position = | chief8_name = | chief8_position = | chief9_name = | chief9_position = | parent_department = | parent_agency = | child1_agency = | child2_agency = | keydocument1 = | website = {{URL|http://www.acus.gov}} | map = | map_caption = | footnotes = | agency_type = | agency_name = Administrative Conference of the United States | nativename = | nativename_a = | nativename_r = | logo_width = | seal_width = | picture = | picture_width = | picture_caption = | superseding = | map_width = }} {{US administrative law}} The '''Administrative Conference of the United States''' ('''ACUS''') is an [[Independent agencies of the United States government|independent agency]] of the United States government that was established in 1964 by the Administrative Conference Act ({{USC|5|593}}).<ref name=":0">{{Cite web|url=https://www.acus.gov/publication/administrative-conference-act|title=Administrative Conference Act|access-date=December 14, 2016}}</ref> 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."<ref name=":0" /> 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, [[United States Congress|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.<ref name=":1">{{Cite web|url=https://www.acus.gov/sites/default/files/documents/ACUS%20In%20Brief%20Final_Dec%202016.pdf|title=ACUS in Brief|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> 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 [[United States Senate|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.<ref>{{Cite web|url=https://www.acus.gov/about-council|title=About the Council|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> 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.<ref name=":0" /> 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]].<ref>{{Cite web|url=https://www.acus.gov/committees|title=Committees|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> ACUS estimates that its volunteer experts bring an added $1.1 million of value to agency work.<ref name=":1" /> ==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.<ref name=":0" /><ref name=":2" /> Each of the temporary conferences had recommended the establishment of a permanent body to continually study, and recommend improvements to, administrative procedures.<ref name=":2">Memorandum Convening the President's Commission on Administrative Procedure, Public Papers 219-22 (Apr. 29, 1953); [[Executive Order (United States)|Executive Order]] 10934, 26 Fed. Reg. 3233 (Apr. 13, 1961).</ref> 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.<ref name=":3">{{Cite web|url=https://www.acus.gov/history|title=History|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> In 1995, the conference ceased operations due to loss of funding, but the statutory provisions establishing ACUS were not repealed.<ref name=":3" /> 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”.<ref name=":3" /> In support of the reauthorization of ACUS, Justice [[Antonin Scalia]], a former chairman of ACUS, testified before the [[United States House Committee on the Judiciary|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".<ref>{{Cite web|url=https://www.acus.gov/sites/default/files/documents/ACUS-FY2011-CBJ-Final-pdf.pdf|title=ACUS FY 2011 Congressional Budget Justification|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> He also described ACUS as “one of the federal government’s ‘best bargains... for the buck’”.<ref>{{Cite web|url=https://www.acus.gov/sites/default/files/documents/ACUS-50th-anniversary-fact-sheet.pdf|title=ACUS 50th Anniversary Fact Sheet|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> Following this and other testimony, congress reauthorized the conference in 2004 and again in 2008.<ref>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.</ref> 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.<ref name=":0" /> 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.<ref>{{Cite web|url=https://www.acus.gov/research-projects|title=Research Projects|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> ==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.<ref name=":4">{{Cite journal|last=Edles|first=Gary J.|year=1998|title=The Continuing Need for an Administrative Conference|journal=Admin. L. Rev.|volume=50|pages=101}}</ref> Congress implemented each of ACUS's proposals through Public Law 94-574.<ref name=":4" /> 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.<ref name=":3" /> 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.<ref>Pub. L. 101-552, 104 Stat. 2736 (1990).</ref> 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.<ref>Pub. L. 101-648, 104 Stat. 4970 (1990).</ref> 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.<ref name=":1" /> Another recommendation was implemented through Executive Order 13,609, which seeks to reduce unnecessary international regulatory disparities that impose costs on business;<ref>{{Cite web|url=https://obamawhitehouse.archives.gov/sites/default/files/omb/inforeg/eo_13609/eo13609_05012012.pdf|title=Executive Order 13,609|archive-url=https://web.archive.org/web/20170121005214/https://obamawhitehouse.archives.gov/sites/default/files/omb/inforeg/eo_13609/eo13609_05012012.pdf|archive-date=2017-01-21|via=[[NARA|National Archives]]|work=[[Office of Management and Budget]]|url-status=live}}</ref> 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.<ref>{{Cite web|url=https://www.acus.gov/research-projects/incorporation-reference|title=Incorporation by Reference|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> In addition to these recommendations, ACUS hosts trainings, working groups, and other initiatives for agency and congressional staff.<ref>{{Cite web|url=https://www.acus.gov/special-initiatives|title=Special Initiatives|publisher=Administrative Conference of the United States|access-date=December 14, 2016}}</ref> 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'',<ref name="AgencySourcebook">{{cite book|last1=Lewis|first1=David E.|last2=Selin|first2=Jennifer L.|title=Sourcebook of United States Executive Agencies|date=2013|publisher=Administrative Conference of the United States|location=Washington, DC|edition=corrected March 2013|url=http://www.acus.gov/sites/default/files/documents/Sourcebook%202012%20FINAL_May%202013.pdf|format=PDF}}</ref> 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 (United States)|Administrative Procedure Act]] (‘APA’) and ‘informal’ adjudication”.<ref>{{Cite web|url=https://acus.law.stanford.edu/|title=Adjudication Research: Joint Project of ACUS and Stanford Law School|access-date=December 14, 2016}}</ref> == Chairmen == * [[Jerre Stockton Williams|Jerre S. Williams]] (1968–1970)<ref name=":5">{{Cite web|title=Former Chairmen|url=https://www.acus.gov/contacts/former-chairmen|url-status=live|archive-url=https://web.archive.org/web/20210319075756/https://www.acus.gov/contacts/former-chairmen|archive-date=March 19, 2021|access-date=March 24, 2021|website=Administrative Conference of the United States}}</ref> * [[Roger C. Cramton]] (1970–1972)<ref name=":5" /> * [[Antonin Scalia]] (1972–1974)<ref name=":5" /> * Robert Anthony (1974–1979)<ref name=":5" /> * Reuben B. Robertson (1980–1981)<ref name=":5" /> * [[Loren A. Smith]] (1981–1985)<ref name=":5" /> * Marshall J. Breger (1985–1991)<ref name=":5" /> * [[Brian C. Griffin]] (1992–1993)<ref name=":5" /> * Thomasina V. Rogers (1994–1995)<ref name=":5" /> *''Office vacant'' (1995–2010) * [[Paul R. Verkuil]] (2010–2015)<ref name=":5" /> * [[Andrew Fois]] (2022–present)<ref>{{Cite press release |title=ACUS Welcomes New Chairman Andrew Fois |date=May 31, 2022 |publisher=Administrative Conference of the United States |location=Washington, D.C. |url=https://www.acus.gov/newsroom/news/acus-welcomes-new-chairman-andrew-fois |access-date=June 17, 2022}}</ref> ==See also== *[[United States administrative law|United States Administrative Law]] *[[Administrative Law, Process and Procedure Project]] *[[Title 1 of the Code of Federal Regulations]] * [[Office of Technology Assessment]] – another federal advisory body that was defunded in 1995 ==References== {{Reflist}} ==External links== *[http://www.acus.gov/ Administrative Conference of the United States] (official website). With bibliographies and searchable database of all [http://www.acus.gov/publications ACUS Publications] and [http://www.acus.gov/recommendations ACUS Recommendations], 1968–present. * [https://www.federalregister.gov/agencies/administrative-conference-of-the-united-states Administrative Conference of the United States] in the [[Federal Register]] * [http://www.gwlr.org/acus-at-50/ The Administrative Conference at 50: GW Law Review & ACUS Commemorative Project] {{Presidency of Lyndon B. Johnson}} {{authority control}} [[Category:Independent agencies of the United States government]] [[Category:Government agencies established in 1968]] [[Category:Establishments by United States executive order]] [[Category:United States administrative law]]