Administrative Conference of the United States
Encyclopedia
The Administrative Conference of the United States (ACUS) is an independent agency
of the United States government established by the Administrative Conference Act of 1964. It is also considered to be a federal advisory committee. 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.
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. Implementation of Conference recommendations may be accomplished by direct action on the part of the affected agencies or through legislative changes. The Conference also serves as a clearinghouse for both scholarly and practical information that may assist agencies in improving their procedures.
By statute, the Conference has no fewer than 75 and no more than 101 members, a majority of whom are federal government officials. The Chairman is appointed by the President, with the advice and consent of the 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. Federal officials named to the Council may constitute no more than one-half of the total Council membership. Members of the Conference representing the private sector are appointed by the Chairman, with the approval of the Council, for 2-year terms. The Chairman is the only full-time compensated member.
These recommendations were consistent with those set forth in a report
to President-elect Kennedy by James M. Landis, former Dean of the Harvard Law School
and former Chairman of both the Securities and Exchange Commission and the Civil Aeronautics Board. The ACUS was created by the Administrative Conference Act of 1964, , . ACUS began operations with the appointment and confirmation of its first Chairman in 1968.
Over the course of the next 27 years, through October 1995, the Conference brought together experts from both public and private sectors to commission and review basic research leading to specific and practical ways to improve regulatory and administrative processes. ACUS adopted approximately 200 such recommendations, based on careful study and the informed deliberations of ACUS members in an open process that encouraged public input.
The Conference ceased operations on October 31, 1995, due to termination of funding by Congress, but the statutory provisions establishing ACUS were not repealed. Subsequently, Congress reauthorized the Conference in 2004 and again in 2008. 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.
Funding was approved in 2009, and the Conference was officially re-established in March 2010, when the United States Senate
confirmed President Barack Obama
's nominee as Chairman, Paul R. Verkuil
. Mr. Verkuil is a widely published scholar of law and regulation. He has served as president of the College of William and Mary
and as dean of Cardozo School of Law and Tulane University Law School
. He also served as Special Master in the case of New Jersey v. New York, involving the sovereignty of Ellis Island
.
Obama appointed Preeta Bansal, General Counsel and Senior Policy Adviser for the Office of Management and Budget, as Vice Chair of the Conference. .
The Conference also adopted a series of recommendations that set forth procedures and criteria for utilizing a variety of alternative dispute resolution
techniques and approaches for eliminating excessive litigation costs and long delays in federal agency programs. These activities led to enactment of the Administrative Dispute Resolution Act in 1990, which established a framework for agencies to resolve administrative litigation through alternative dispute resolution. ACUS applied a similar approach for consensual resolution of disputes in rulemaking, and its recommendation on negotiating regulations in appropriate situations led to enactment of the Negotiated Rulemaking Act. To help implement these statutes, the Conference provided extensive assistance to agencies throughout the federal government. These activities included training programs, interagency working groups to enable agencies to address specific issues through study and sharing of information about best practices, and the publication of two voluminous Sourcebooks for agency reference.
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
of the United States government established by the Administrative Conference Act of 1964. It is also considered to be a federal advisory committee. 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.
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. Implementation of Conference recommendations may be accomplished by direct action on the part of the affected agencies or through legislative changes. The Conference also serves as a clearinghouse for both scholarly and practical information that may assist agencies in improving their procedures.
By statute, the Conference has no fewer than 75 and no more than 101 members, a majority of whom are federal government officials. The Chairman is appointed by the President, with the advice and consent of the 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. Federal officials named to the Council may constitute no more than one-half of the total Council membership. Members of the Conference representing the private sector are appointed by the Chairman, with the approval of the Council, for 2-year terms. The Chairman is the only full-time compensated member.
History
Two temporary Administrative Conferences during the Eisenhower and Kennedy Administrations recommended the establishment of a permanent agency to study Federal administrative procedures and develop recommendations for improvement.These recommendations were consistent with those set forth in a report
Landis Report
The Landis Report was written by James M. Landis as a transition team analysis of the United States' administrative agencies for incoming President John F. Kennedy on December 21, 1960....
to President-elect Kennedy by James M. Landis, former Dean of the Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
and former Chairman of both the Securities and Exchange Commission and the Civil Aeronautics Board. The ACUS was created by the Administrative Conference Act of 1964, , . ACUS began operations with the appointment and confirmation of its first Chairman in 1968.
Over the course of the next 27 years, through October 1995, the Conference brought together experts from both public and private sectors to commission and review basic research leading to specific and practical ways to improve regulatory and administrative processes. ACUS adopted approximately 200 such recommendations, based on careful study and the informed deliberations of ACUS members in an open process that encouraged public input.
The Conference ceased operations on October 31, 1995, due to termination of funding by Congress, but the statutory provisions establishing ACUS were not repealed. Subsequently, Congress reauthorized the Conference in 2004 and again in 2008. 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.
Funding was approved in 2009, and the Conference was officially re-established in March 2010, when the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
confirmed President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
's nominee as Chairman, Paul R. Verkuil
Paul R. Verkuil
Paul Robert Verkuil is an attorney, former dean of the Tulane University Law School, former president of the College of William and Mary, and former dean of Cardozo School of Law. He has also served as the CEO of the American Automobile Association from 1992 to 1995. He is currently on the...
. Mr. Verkuil is a widely published scholar of law and regulation. He has served as president of the College of William and Mary
College of William and Mary
The College of William & Mary in Virginia is a public research university located in Williamsburg, Virginia, United States...
and as dean of Cardozo School of Law and Tulane University Law School
Tulane University Law School
Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States....
. He also served as Special Master in the case of New Jersey v. New York, involving the sovereignty of Ellis Island
Ellis Island
Ellis Island in New York Harbor was the gateway for millions of immigrants to the United States. It was the nation's busiest immigrant inspection station from 1892 until 1954. The island was greatly expanded with landfill between 1892 and 1934. Before that, the much smaller original island was the...
.
Obama appointed Preeta Bansal, General Counsel and Senior Policy Adviser for the Office of Management and Budget, as Vice Chair of the Conference. .
Recommendations of the Administrative Conference
Among its most influential government-wide recommendations were the Conference's proposals facilitating judicial review of agency decisions and eliminating various technical impediments to such review. ACUS recommended a model administrative civil penalty statute that has served as the basis for numerous pieces of legislation.The Conference also adopted a series of recommendations that set forth procedures and criteria for utilizing a variety of alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
techniques and approaches for eliminating excessive litigation costs and long delays in federal agency programs. These activities led to enactment of the Administrative Dispute Resolution Act in 1990, which established a framework for agencies to resolve administrative litigation through alternative dispute resolution. ACUS applied a similar approach for consensual resolution of disputes in rulemaking, and its recommendation on negotiating regulations in appropriate situations led to enactment of the Negotiated Rulemaking Act. To help implement these statutes, the Conference provided extensive assistance to agencies throughout the federal government. These activities included training programs, interagency working groups to enable agencies to address specific issues through study and sharing of information about best practices, and the publication of two voluminous Sourcebooks for agency reference.
External links
- Administrative Conference of the United States -- Official Website
- Thompson-Gale legal encyclopedia entry on the Administrative Conference of the United States, courtesy of Jrank
- Complete database of the Conference's recommendations courtesy of the Florida State University College of LawFlorida State University College of LawFlorida State University College of Law is the law school of Florida State University in Tallahassee. The law school's highly accomplished and accessible law faculty delivers a program that has an interdisciplinary orientation designed to produce well-rounded and effective lawyers.The law school...
- Complete bibliography of ACUS studies courtesy of the Florida State University College of LawFlorida State University College of LawFlorida State University College of Law is the law school of Florida State University in Tallahassee. The law school's highly accomplished and accessible law faculty delivers a program that has an interdisciplinary orientation designed to produce well-rounded and effective lawyers.The law school...