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Committee Detail

Note: An Annual Comprehensive Review, as required by §7 of the Federal Advisory Committee Act, is conducted each year on committee data entered for the previous fiscal year (referred to as the reporting year). The data for the reporting year is not considered verified until this review is complete and the data is moved to history for an agency/department. See the Data From Previous Years section at the bottom of this page for the committee’s historical, verified data.

Details on agency responses to committee recommendations can be found under the Performance Measures section for each committee in the fields “Agency Feedback” and “Agency Feedback Comment.”


ACUS - 73677 - Assembly of the Administrative Conference of the United States - Statutory (Congress Created)
Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameAssembly of the Administrative Conference of the United StatesAgency NameAdministrative Conference of the United States
Fiscal Year2022Committee Number73677
Original Establishment Date8/23/2010Committee StatusChartered
Actual Termination Date Committee URLhttps://www.acus.gov
New Committee This FYNoPresidential Appointments*Yes
Terminated This FYNoMax Number of Members*101
Current Charter Date8/3/2022Designated Fed Officer Position Title*General Counsel
Date Of Renewal Charter8/3/2024Designated Federal Officer Prefix
Projected Termination Date Designated Federal Officer First Name*Shawne
Exempt From Renewal*NoDesignated Federal Officer Middle Name
Specific Termination AuthorityDesignated Federal Officer Last Name*McGibbon
Establishment Authority*Statutory (Congress Created)Designated Federal Officer Suffix
Specific Establishment Authority*5 U.S.C. 591-596Designated Federal Officer Phone*(202) 480-2080
Effective Date Of Authority*7/30/2008Designated Federal Officer Fax*202-386-7190
Exempt From EO 13875 Discretionary CmteNot ApplicableDesignated Federal Officer Email*smcgibbon@acus.gov
Committee Type*Continuing
Presidential*No
Committee Function*Other Committee
Hide Section - RECOMMENDATION/JUSTIFICATIONS

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*Continue
Legislation to Terminate RequiredNot Applicable
Legislation StatusNot Applicable
How does cmte accomplish its purpose?*The statutory purposes of the Administrative Conference are 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 (5 USC 591). The Act further specifies the objectives of promoting more effective public participation and efficiency in the rulemaking process; reducing unnecessary litigation in the regulatory process; improving the use of science in the regulatory process; and improving the effectiveness of laws applicable to the regulatory process. The Assembly consists of the 101 Conference members, constituted as specified in the Administrative Conference Act, meeting in plenary session to discuss and adopt recommendations for improving administrative procedures. Plenary sessions are normally scheduled twice each year, to consider draft recommendations proposed by subcommittees.
How is membership balanced?*The Administrative Conference Act specifies the composition of the membership (5 USC 593). The Act provides for a chairman appointed by the President with Senate confirmation; 10 additional Council members appointed by the President, with the number of government members not to exceed the number of private sector members; members from independent regulatory agencies and from Executive Branch agencies designated by the President; plus not more than 40 members from outside the Federal government, appointed by the Chairman with the approval of the Council. The non-government members include practicing attorneys, scholars in administrative law or government, or others possessing knowledge and experience with respect to Federal administrative procedure. The total membership may not exceed 101.
How frequent & relevant are cmte mtgs?*The entire Assembly ordinarily meets twice each year. The number of subcommittee meetings is variable, depending on workload. It is anticipated that each of five subcommittees will meet an average of four times per year, for an estimated total of 20 subcommittee meetings.
Why advice can't be obtained elsewhere?*No other Federal entity exists for the purpose of bringing together the public and private sectors on a non-partisan basis, to focus on improving administrative procedures in Federal agencies and the courts, as provided in the Administrative Conference Act (5 USC 591-596).
Why close or partially close meetings?N/A. All meetings of the Assembly are open.
Recommendation Remarks
Hide Section - PERFORMANCE MEASURES

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*NoAction Reorganize Priorities*No
Outcome Trust In GovernmentYesAction Reallocate ResourcesNo
Outcome Major Policy ChangesNoAction Issued New RegulationsNo
Outcome Advance In Scientific ResearchNoAction Proposed LegislationNo
Outcome Effective Grant MakingNoAction Approved Grants Or Other PaymentsNo
Outcome Improved Service DeliveryYesAction OtherNo
Outcome Increased Customer SatisfactionYesAction CommentN/A
Outcome Implement Laws/Reg RequirementsYesGrants Review*No
Outcome OtherYesNumber Of Grants Reviewed0
Outcome CommentAdministrative Conference recommendations may be addressed to Federal agencies, the Congress, the Judicial Conference of the United States or the President. The recommendations may span a broad variety of administrative procedural issues, and are designed to improve administrative procedures in Federal programs. The objectives are to ensure that private rights may be fully protected and regulatory activities and other federal responsibilities may be carried out expeditiously and in the public interest.Number Of Grants Recommended0
Cost Savings*Unable to DetermineDollar Value Of Grants Recommended$0.00
Cost Savings CommentN/AGrants Review CommentN/A
Number Of Recommendations*84Access Contact Designated Fed. Officer*Yes
Number Of Recommendations CommentThe number of recommendations dates from FY2010 when the committee was reestablished.Access Agency WebsiteYes
% of Recs Fully Implemented*0.00%Access Committee WebsiteYes
% of Recs Fully Implemented CommentN/AAccess GSA FACA WebsiteNo
% of Recs Partially Implemented*66.00%Access PublicationsYes
% of Recs Partially Implemented CommentMost ACUS recommendations are addressed to a broad group of federal agencies, so implementation is a gradual process. The actual percentage is likely higher since Federal agencies do not always report their implementation of ACUS recommendations. Below are selected implementation successes. Contact the agency for additional implementation efforts and additional details. [A] Recommendation (Rec.) 2011-6, International Regulatory Cooperation, was implemented by Executive Order 13609, Promoting International Regulatory Cooperation (77 Fed. Reg. 26413, May 1, 2012). The executive order also cites ACUS as a source of information for the Working Group established by Executive Order 12866. [B] In Nov. 2016, the American Bar Association’s (ABA) Section of Administrative Law and Regulatory Practice submitted a report to the President-elect entitled “Improving the Administrative Process,” which cited favorably numerous ACUS recommendations; [C] Section 701 of Public Law 114-74, the Bipartisan Budget Act of 2015 (BBA), implements Rec. 2012-8, Inflation Adjustment Act, regarding periodic adjustments of civil money penalties. Most federal agencies have revised their regulations in accord with this Recommendation and subsequent statutory update. The CBO estimated that the BBA, including the provisions on inflation adjustment, would increase government revenue by more than $1.3 billion over ten years. [D] Specific provisions of Rec. 2011-5, Incorporation by Reference, have been utilized in a variety of contexts: Revisions to OMB Circular A-119 (81 Fed. Reg. 4673, Jan. 27, 2016); rulemaking by the Pipeline and Hazardous Materials Safety Administration (81 Fed. Reg. 20,722, Apr. 8, 2016); Consumer Financial Protection Bureau (79 Fed. Reg. 51,732, Aug. 29, 2014); and the Office of the Federal Register (79 Fed. Reg. 66,267, Nov. 7, 2014). [E] In February 2013, the ABA's House of Delegates passed resolutions endorsing Rec. 2011-3, which urges Federal government action to minimize government contractor personal conflicts of interest, and Rec. 2012-6, which urges Congress to repeal and replace an outdated law that may unfairly bar certain court claims on procedural grounds. Bills to implement 2012-6 were introduced in both the 113th and 114th Congresses. In the House, the Judiciary Committee favorably reported both bills. [F] In 2014, the Social Security Administration (SSA) adopted a final rule in accord with Rec. 2011-4 on agency use of video hearings (79 Fed. Reg. 35,926, June 25, 2014). Recommendations in a report to SSA were cited by that agency in formulating its rule, issued in 2015, on submission of evidence in disability claims (80 Fed. Reg. 14,828, Mar. 20, 2015). [G] Rec. 2014-4, “Ex Parte” Communications in Informal Rulemaking, was cited in rulemaking notices by the U.S. Sentencing Commission (81 Fed. Reg. 18,695, Mar. 31, 2016) and the Postal Regulatory Commission (81 Fed. Reg. 42,534, June 30, 2016). [H] The Consumer Financial Protection Bureau cited the Conference's model rules for implementing the Equal Access to Justice Act in connection with issuance of its final rule in 2014. [I] On 3/31/16, the United States Sentencing Commission (USSC) issued a NPRM that enacted various amendments to the agency’s rules of practice and procedure. Among other things, these amendments were designed to bring the agency’s practices into line with several ACUS recommendations. In response to ACUS's social media recommendation, the agency expanded its use of social media to provide notices of upcoming agency meetings. [J] On 3/31/16, the USSC issued a NPRM that enacted various amendments to the agency’s rules of practice and procedure. Among other things, these amendments were designed to bring the agency’s practices into line with several ACUS recommendations, including ACUS Rec. 2014-2, Government in the Sunshine Act. In response to that recommendation, the agency adopted procedures for providing public notice of the type of business conducted in both public and non-public meetings, circulating relevant documents to the public in advance of public meetings, and memorializing the proceedings of public meetings (via transcript, webcast, or other means). [K] On 10/2/17, the Surface Transportation Board issued a NPRM to “modify its regulations to permit, subject to disclosure requirements, ex parte communications in informal rulemaking proceedings” and “clarify and update when and how interested persons may communicate informally with the Board regarding pending proceedings other than rulemakings.” In accordance with Rec. 2014-4, the proposed rule would rescind the agency’s prior position prohibiting ex parte contacts in informal rulemaking and implement a “permit-but-disclose” approach. The proposed rule would permit ex parte communication after the publication of an NPRM up to 20 days before the end of the comment period and require that the substance of such communications be summarized and posted in the rulemaking docket. Both the Postal Regulatory Commission and the USSC took similar actions in adopting the provisions of Recommendation 2014-4 in 2016. [L] On 2/23/17, the Administrative Office of the United States Courts (AO) notified ACUS that Rec. 2016-3, Special Procedural Rules for Social Security Litigation in District Court, had been forwarded to the Chair and Reporters of the Advisory Committee on Civil Rules, and had been docketed and posted on the Federal Rules of Practice & Procedure section of the uscourts.gov website as Docket No. 17-CV-D. The recommendation was subsequently addressed at the April 2017 meeting of the AO's Civil Rules Committee. [M] On 5/10/17, the Coalition of Federal Ombudsmen (COFO) circulated to its members for comment a revised draft of COFO standards for federal ombuds. The new draft fully endorses the content of Rec. 2016-5. [N] In July 2017, the Trump administration released its Unified Agenda. For the first time, agencies posted and made public their list of “inactive” rules-providing notice to the public of regulations still being reviewed or considered. "Inactive" refers to the “pending” rules in identified in a 2015 ACUS-sponsored report that were not accessible to the public. Approximately 500 rules are encompassed within this category. This action was consistent with the best practices outlined in ACUS Rec. 2015-1, Promoting Accuracy and Transparency in the Unified Agenda. Conference recommendations and underlying research reports are often cited in House or Senate committee reports on pending legislation and in Federal judicial opinions. Examples include: [O] Recommendation 2014-5, Retrospective Review of Agency Rules, cited by the Senate Homeland Security and Governmental Affairs Committee, Report on S. 1817, Smarter Regulations Act of 2015 (S. Rep. No. 114-282 (2016)). [P] Rec. 2015-1, Promoting Accuracy and Transparency in the Unified Agenda, cited by the House Judiciary Committee, Report on H.R. 1759, the ALERT Act (H.R. Rep. No.114-238 (2015). [Q] Rec. 2016-2, Aggregation of Similar Claims in Agency Adjudication, cited by Senior U.S. District Judge Weinstein in a nationwide class action case, Kurtz v. Kimberly-Clark Corp. et al., 14-CV-1142 (E.D.N.Y. June 28, 2016). [R] In written testimony prepared for the U.S. Senate Committee on Commerce, Science, and Transportation in connection with a 2/1/17 hearing, Adam J. White (Research Fellow, Hoover Institution) favorably cited ACUS Recommendation 2014-5 and the associated consultant report in emphasizing the strong expert consensus in favor of retrospective review. White noted that “the vaunted Administrative Conference of the United States . . . has reported on the significant benefits that agencies have reaped from reviewing their own past work.” [S] In its 2018 order on "Net Neutrality" the FCC relied on Rec. 2011-1, Legal Considerations in e-Rulemaking, to evaluate the 23 million comments it received. And, in June 2018, the FCC Chairman issued letters to members of Congress citing the Recommendation in support of the manner in which the agency staff reviewed short-form comments in connection with the Net Neutrality Rulemaking. [T] In July 2018, the DEA published a final rule titled "Controlled Substances Quotas: which relies on Rec. 2011-2, Rulemaking Comments, by supporting the proposition that agencies should provide an explanation when they set a comment period of fewer than 30 days. [U] The Senate Committee report underlying HR 70, the Federal Advisory Committee Act Amendments of 2017, discusses Rec. 2011-7 Federal Advisory Committee Act--Issues and Proposed Reforms, and explains that the legislation seeks to address ACUS's recommendations by improving transparency and increasing diversity in committee membership. [V] CRS relied on Rec. 2012-2, Midnight Rules, in its 2017 report titled Presidential Transitions: Issues Involving Outgoing and Incoming Administrations." Similarly, GAO cited this Recommendation in GAO-18-436T. [W] NIST relied on Rec. 2012-7, Agency Use of Third-Party Programs to Assess Compliance, in a December 2017 Special Publication 2000-02, Conformity Assessment Considerations for Federal Agencies. [X] The 2018 Senate Report for the Regulatory Accountability Act of 2017 relies on the underlying report for Recommendation 2013-2, Benefit-Cost Analysis at Independent Regulatory Agencies. And, in July 2018, the U.S. House of Reps passed the Unfunded Mandates Information and Transparency Act of 2017, which (per Rec. 2013-2) would remove the exemption for independent regulatory agencies that are not currently subject to CBA requirements. Independents would have to conduct CBA for rules with an impact of $100 million or more per year. [Y] In Nov. 2017, the Better Evaluation of Science and Technology Act was introduced--the bill was consistent with Rec. 2013-3, Science in the Administrative Process, and would require agencies to make relevant scientific studies available for review; and require agencies to provide some evidentiary basis for the rules they promulgate when making decisions based on the weight of scientific evidence. [Z] In June 2018, USDA published a rule (83 Fed. Reg. 26,867) that is consistent with Rec. 2014-1, Resolving FOIA Disputes Through Targeted ADR Strategies. The Recommendation called for agencies to notify requesters of OGIS mediation services as an alternative to litigation, among other things. [AA] In October 2017, the Surface Transportation Board issued a rule to modify its regs to permit ex parte communications in informal rulemaking proceedings and clarify when and how interested persons may communicate informally with the Board regarding pending proceedings other than rulemakings. This accords with Rec. 2014-4, "Ex Parte" Communications in Informal Rulemaking. [BB] In June 2018, the EPA issued an ANPRM (83 Fed Reg 27,524) in which they solicit public comment on whether the agency should require a systematic retrospective review element in new regulations. This regulatory action is consistent with Rec. 2014-5, Retrospective Review of Agency Rules. [CC] In November 2017, the Civil Rules Committee of the Judicial Conference discussed Rec. 2016-3, Special Procedural Rules for Social Security Litigation in District Court. The matter has been taken under advisement and further review is pending. If adopted the Recommendation may reduce backlogs of SSA cases in District Court. In addition, in February 2018, the U.S. District Court for the Southern district of Ohio cited the report underlying the Recommendation, as did the U.S. District Court for the District of South Carolina in Feb. 2018. [DD] In 2018, CRS cited the report underlying Rec. 2016-5, The Use of Ombuds in Federal Agencies. The CRS report is titled "SBA Office of the National Ombudsman: Overview, History and Current Issues." [EE] In Jan. 2018 SSA issued a final rule (83 Fed. Reg. 30,849) revising its standards of conduct and responsibility for appointed representatives. In citing Rec. 2017-1, Adjudication Materials on Agency Websites, SSA indicated that it will work with ACUS on sub-regulatory guidance on how it will publish Appeals Council decisions that it designates as precedent under its representative conduct provisions. [FF] In January 2018, the Federal Circuit issued an opinion implicating Rec. 2017-5, Agency Guidance Through Policy Statements, in discussing agency guidance and the extent to which it should be binding. In July 2018, the U.S. District Court for the District of Minnesota cited the report underlying Recommendation 2017-5, And, in September 2018, the U.S. House of Representatives passed the GOOD Act, which would implement Rec. 2017-5 by requiring agencies to make their guidance documents available electronically on their websites. The House Committee Report specifically notes that the bill implements part of the Recommendation (H. Rep. 115-972). [GG] In June 2018, DOT announced a pilot program to permit people who are at least 18 years old to drive trucks across state lines--thus implementing Rec. 2017-6, Learning from Regulatory Experience--a recommendation that encourages regulatory experimentation. [HH] On 11/15/18 SSA issued an NPRM to amend its regulations regarding appearances at disability hearings. The proposal seeks to expand the use of video hearings and relies on Rec. 2011-4 and a best practices handbook that grew out of Rec. 2014-7. SSA's Office of Budget estimated that the proposal would result in administrative savings of $118 over 10 years. [GG] On 7/24/2019, GAO released its third annual report about agency compliance with the Inflation Adjustment Act IAA). The report found that most of the 52 agencies it had reviewed in FY2018 have complied with the law. The IAA was a direct result of Rec. 2012-8 which called for updating inflation measures in agencies' calculations of civil penalties. [II] GAO cited numerous ACUS Recommendations in its own reports and congressional statements--Recs.2012-2, 2012-8 (explained in detail above), 2013-4, and 2014-7. [JJ] On 11/1/2018 a draft proposal to create special rules for social security litigation in district courts was developed by a subcommittee of the Civil Rules Committee of the Administrative Office of the U.S. Courts based on Rec. 2016-3; [KK] On 9/6/2019 the FCC published an NPRM that proposes to implement best practices adopted in Rec. 2016-4 on evidentiary hearings outside the APA. The NPRM also extensively cites the underlying report for this recommendation. [LL] On 12/20/18 DOT issued a memorandum to agency personnel establishing procedures for issuing agency policy statements per Rec. 2017-5. In addition, the recommendation was cited in House Report 115-1095, in multiple law review articles, and in congressional testimony. [LL] On 10/23/18 the FCC published a final rule citing Rec. 2017-6 on learning from regulatory experience. The rule establishes a pilot program and cites the Recommendation as encouraging such programs. [MM] Rec. 2011-4, Agency Use of Video Hearings: SSA issued a final rule on 12/18/2019 (84 Fed. Reg. 69,298) in which the agency announced measures to improve their video hearing program that are consistent with the ACUS recommendation. [NN] Multiple ACUS recommendations were cited or relied upon by GAO in multiple GAO reports: Rec. 2011-5, Incorporation by Reference of Non-binding Guidance Documents, cited in GAO-20-619; Rec. 2012-8, Inflation Adjustment Act, cited in GAO-20-538R; Rec. 2013-4, Administrative Record in Informal Rulemaking, cited in GAO-19-483; Rec. 2019-1, Agency Guidance Through Interpretive Rules, 2017-5, Agency Guidance Through Policy Statements, and 2014-3, Guidance in the Rulemaking Process, all cited in GAO-20-619; Rec. 2018-6, Improving Access to Regulation, cited in GAO-20-383R; Rec. 2019-1; [OO] Rec. 2013-2, Benefit-Cost Analysis at Independent Regulatory Agencies: FDIC cited this rec. in its study of the appropriate role of Benefit-cost analysis at the FDIC; [PP] Rec. 2014-5, Retrospective Review of Agency Rules: Senate Homeland Security and Governmental Affairs Committee cited recommendation and report in the Report for S. 1420 that would require agencies to formulate a plan for retrospective review when adopting new major rules. In addition, HHS published an NPRM establishing a retrospective review plan and cited 2014-5 twice in its rulemaking; [QQ] Rec. 2014-6, Petitions for Rulemaking: CFTC issued a final rule implementing the recommendation by allowing petitions for rulemaking to be posted on its website; [RR] Rec. 2016-4, Evidentiary Hearings Outside the Administrative Procedure Act: OIRA issued a memorandum implementing EO 13,924 urging agencies to consider several factors broadly consistent with Rec. 2016-4, including prohibitions against ex parte communications and the adoption of evidentiary rules to eliminate confusion and delay; [SS] Rec. 2017-5, Agency Guidance for Policy Statements: Department of Energy issued an NPRM in which it adopted procedures consistent with Recs. 2017-5 and 2019-1; Also, EO 13,891, Promoting the Rule of Law Through Improved Agency Guidance Documents, implements Recs. 2017-5, 2019-1, and 2019-3; [TT] Rec. 2018-5, Public Availability of Adjudication Rules: OIRA issued a memorandum implementing EO 13,924, urging agencies to make their rules of evidence and procedure easily accessible on their websites; [UU] Rec. 2019-2, Agency Recruitment and Selection of ALJs: OPM published an NPRM to implement EO 13,843 excepting ALJs from the civil service per Rec. 2019-2; [VV] Rec. 2019-4, Revised Model Rules for Implementation of the Equal Access to Justice Act: FCC published a final rule implementing ACUS's revised model EAJA rules--an appendix to Rec. 2019-4; [WW] Rec. 2019-7, Acting Agency Officials and Delegations of Authority: HR 6689, Accountability for Acting Officials Act was introduced and incorporated this recommendation. (XX) On 5/27/21, GAO reported that 46 of the 48 agencies it reviewed in 2020 complied with the applicable provisions of the Inflation Adjustment Act. That law calls on agencies to adjust their civil money penalties based on inflation, and is based on Rec. 2012-8, Inflation Adjustment Act. (YY) On 1/5/21, CFPB's Taskforce on Federal Consumer Financial Law issued recommendations for the CFPB to improve its operations consistent with Rec. 2013-2, Benefit-Cost Analysis at Independent Regulatory Agencies; (ZZ) On 12/31/20, FMCSA issued a final rule updating its rulemaking procedures to explicitly permit petitions for rulemakings to be filed on the agency's website--as recommended in Rec. 2014-6, Petitions for Rulemaking. (AAA) On 4/23/21, the Civil Rules Advisory Committee of the Judicial Conference voted to recommend supplemental procedural rules for social security litigation in district courts as recommended in Rec. 2016-3. And on 6/22/21, the Judicial Conference Committee on Rules of Practice and Procedure voted to recommend approval of the rules by the Judicial Conference. (BBB) On 11/5/20, the OCC, Federal Reserve, FDIC, NCUA, and CFPB published a joint NPRM supporting key principles of Rec. 2017-5, Agency Guidance Through Policy Statements. And, also consistent with Recs. 2017-5 and 2019-1, on 7/14/21, Senate HSGAC favorably reported S. 533, the Guidance Clarity Act of 2021, that would require agencies to post a statement on all guidance documents that they do not have the force and effect of law. (CCC) On 2/22/21, GSA's eRulemaking Program Management Office launched a substantially redesigned Regulations.gov with improved search functionality, thereby incorporating key aspects of Rec. 2018-6, Improving Access to Regulation.gov's Rulemaking Dockets. (DDD) On 10/6/20, the FCC published a final rule implementing specific provisions of the ACUS revised Model Equal Access to Justice Act Rules pursuant to Rec. 2019-4 on that subject. On 5/3/21, OSHR followed suit. (EEE) On 5/3/21, the House Committee on Oversight and Reform held a hearing to discuss HR 2994, the Accountability for Acting Officials Act, and the Act was formally reintroduced the following day. The legislation is consistent with Rec. 2019-7, Acting Officials and Delegations of Authority. (FFF) Between March and Sept. 2021 multiple hearings were held on the Periodically Listing Updates to Management (PLUM) Act. Rec. 2019-8, Public Identification of Agency Officials, called for the PLUM Book to be modernized and aligned with modern data standards, and was cited in the GAO report that was discussed at these hearings. (GGG) In Oct. 2020, GAO released a report highlighting recent changes OPM made to the USAJobs portal that align with Rec. 2019-9, Recruiting and Hiring Agency Attorneys. (HHH) On 3/24/21, DOT amended regulations related to its rulemaking process that maintain specific procedures for petitions for rulemaking and ex parte contacts, as recommended in Rec. 2020-1, Rules on Rulemakings. (III) The 12/3/20 Conference Report for the Nat'l Defense Authorization Act for FY 2021 noted an ACUS report (underlying Rec. 2020-4, Government Contract Bid Protests Before Agencies) and directed DoD to consider the report's recommendations that may improve expediency, timeliness, transparency, and consistence of agency-level bid protests. (JJJ) In 2021, GAO issued a report recommending that agencies notify the public about how they use comment data, consistent with Rec. 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. (KKK) Recs. 2011-4, Agency Use of Video Hearings, 2014-7, Best Practices for Using Video Teleconferencing for Hearings, and 2021-4, Virtual Hearings in Agency Adjudications, were cited by the NLRB in support of its 11/5/21 ANPRM on the use of video conference technology in certain case proceedings; (LLL) Rec 2014-2, Government in the Sunshine Act, was cited in support of a CRS report on access to government information; (MMM) Rec. 2014-5, Retrospective Review of Agency Rules, was cited by HHS in support of its 11/29/21 NPRM which stated that retro review should be tailored; (NNN) Rec. 2015-1, Promoting Accuracy and Transparency in the Unified Agenda, was relied on by CRS in a 5/23/22 report; (OOO) Rec. 2017-5, Agency Guidance Through Policy Statements and 2019-1, Agency Guidance Through Interpretive Rules, were incorporated in a bill, S. 533, and passed in the Senate on 9/14/22; (PPP); Recommendation 2018-7, Public Private Partnerships, resulted in a MAX.gov page that includes many federal agency contributors (e.g., ODNI, State Dept, NSC, etc.) that share best practices and other resources re PPPs; (QQQ) Rec 2019-3, Public Availability of Agency Guidance Documents, requires SBA to create a website compiling Small Entity Compliance Guides and other information. HR 4877 adopts a similar approach and was passed by the House on 4/26/22; (RRR) Rec 2019-8, Public Identification of Agency Officials, was cited by a member of Congress in support of the PLUM Act that she introduced as a means of modernizing and expanding the Plum Book; (SSS) Rec 2020-3, Agency Appellate Systems, resulted in the CFPB adopting an express regulation on issue exhaustion on 2/22/22, citing ACUS's recommendation to promulgate such procedural regulations.Access OtherNo
Agency Feedback*YesAccess CommentN/A
Agency Feedback Comment*The Administrative Conference Act (5 U.S.C. 595) requires the Chairman to make a full report concerning the affairs of the Conference at each plenary session. The Chairman’s reports regularly update the Assembly (the advisory committee) on implementation activities.Narrative Description*The statutory purposes of the Administrative Conference are 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 (5 USC 591). The Act further specifies the objectives of promoting more effective public participation and efficiency in the rulemaking process; reducing unnecessary litigation in the regulatory process; improving the use of science in the regulatory process; and improving the effectiveness of laws applicable to the regulatory process. The Assembly consists of the 101 Conference members meeting in plenary session to discuss and adopt recommendations for improving Federal administrative procedures. Plenary sessions are normally scheduled twice each year, to consider draft recommendations proposed by subcommittees. Implementation results are estimated since some recommendations may be implemented without notification to ACUS. The agency proactively tracks implementation to the extent practicable.
Hide Section - COSTS

COSTS

Payments to Non-Federal Members*$0.00Est Payments to Non-Fed Members Next FY*$0.00
Payments to Federal Members*$45,007.00Est. Payments to Fed Members Next FY*$48,000.00
Payments to Federal Staff*$197,162.00Estimated Payments to Federal Staff*$250,545.00
Payments to Consultants*$0.00Est. Payments to Consultants Next FY*$0.00
Travel Reimb. For Non-Federal Members*$6,194.00Est Travel Reimb Non-Fed Members nextFY*$12,000.00
Travel Reimb. For Federal Members*$0.00Est Travel Reimb For Fed Members*$0.00
Travel Reimb. For Federal Staff*$0.00Est. Travel Reimb to Fed Staff Next FY*$0.00
Travel Reimb. For Consultants*$284.00Est Travel Reimb to Consultants Next FY*$10,000.00
Other Costs$63,582.00Est. Other Costs Next FY*$54,000.00
Total Costs$312,229.00Est. Total Next FY*$374,545.00
Date Cost Last Modified11/22/2022 5:51 PMEst. Fed Staff Support Next FY*1.40
Federal Staff Support (FTE)*1.30Est Cost RemarksHigher travel costs attributed to likely greater in-person attendance post-Covid.
Cost Remarks  
Hide Section - Interest Areas

Interest Areas

Category
Area
Federal Employment
Federal Employees and Personnel
Public Services
Government
Federal Government
Internal Federal Government
Justice
Justice
Legislation
Administrative Procedure
Jurisprudence
Legislation
Regulations
Regulatory Negotiation
Rulemaking
Tax
Administration
Hide Section - MEMBERS,MEETINGS AND ADVISORY REPORTS

MEMBERS,MEETINGS AND ADVISORY REPORTS

To View all the members, meetings and advisory reports for this committee please click here
Hide Section - SUBCOMMITTEES

SUBCOMMITTEES

Committee

Subcommittees

ActionCommittee System IDSubcommittee NameFiscal Year
 COM-036812Ad Hoc Committee on Regulation of Representatives in Agency Proceedings2022
 COM-032406Adjudication2022
 COM-032372Administration and Management2022
 COM-032456Judicial Review2022
 COM-031506Regulation2022
 COM-032160Rulemaking2022
Hide Section - CHARTERS AND RELATED DOCS

CHARTERS AND RELATED DOCS

No Documents Found
Hide Section - DATA FROM PREVIOUS YEARS

DATA FROM PREVIOUS YEARS

Committee

Data from Previous Years

 
ActionCommittee System IDCommittee NameFiscal Year
 COM-038959Assembly of the Administrative Conference of the United States2021
 COM-037266Assembly of the Administrative Conference of the United States2020
 COM-035304Assembly of the Administrative Conference of the United States2019
 COM-032811Assembly of the Administrative Conference of the United States2018
 COM-001065Assembly of the Administrative Conference of the United States2017
 COM-003205Assembly of the Administrative Conference of the United States2016
 COM-003209Assembly of the Administrative Conference of the United States2015
 COM-005320Assembly of the Administrative Conference of the United States2014
 COM-005328Assembly of the Administrative Conference of the United States2013
 COM-007454Assembly of the Administrative Conference of the United States2012
 COM-007460Assembly of the Administrative Conference of the United States2011
 COM-009582Assembly of the Administrative Conference of the United States2010