Administrative Conference of the United States

Administrative Conference of the United States
Name	Administrative Conference of the United States
Native name	ACUS
Formed	1968
Headquarters	Washington, D.C.
Chief1 name	Vacant
Chief1 position	Chairman

Contents

Administrative Conference of the United States is an independent federal agency that studies United States administrative law and recommends improvements to federal agencies' procedures. Created by the Administrative Conference Act in 1968 and reestablished by statute in 1996, the agency bridges scholars, practitioners, and officials from institutions such as the United States Congress, the Supreme Court of the United States, and the United States Department of Justice to improve administrative processes. ACUS conducts research, issues consensus recommendations, and convenes panels with representatives from entities like the Federal Trade Commission, the Securities and Exchange Commission, and the Office of Management and Budget.

History

The Conference originated under the Administration of Lyndon B. Johnson amid reforms influenced by reports from the American Bar Association, the National Academy of Sciences, and commissions like the Kerner Commission. Initial leadership included figures associated with the Department of Health, Education, and Welfare, the Federal Communications Commission, and academics from Harvard Law School and Yale Law School. Operations shifted across administrations including the Richard Nixon and Jimmy Carter eras, when debates involved the Civil Aeronautics Board, the Interstate Commerce Commission, and the National Labor Relations Board. After lapsing in funding in the 1990s, Congress revived the Conference through legislation championed by members of the United States Senate and the United States House of Representatives, reflecting recommendations from the Administrative Conference Act Review Commission and advocacy by organizations like the American Constitution Society and the Federalist Society.

ACUS aims to improve administrative procedure in interaction with institutions such as the Administrative Procedure Act's drafters, judges from the United States Court of Appeals for the D.C. Circuit, and clerks from the Supreme Court of the United States. It facilitates collaboration among representatives of agencies like the Department of Homeland Security, the Environmental Protection Agency, the Department of the Treasury, and independent entities such as the Federal Communications Commission and the Commodities Futures Trading Commission. Functions include empirical research similar to studies by the Brookings Institution and the American Enterprise Institute, rulemaking guidance echoing work by the Federal Register editors, and convening consensus panels that draw on expertise from scholars at Columbia Law School, Stanford Law School, University of Chicago Law School, and international bodies like the Organisation for Economic Co-operation and Development.

The Conference is governed by a Chairman and a Council including members from the United States Office of Personnel Management, the Government Accountability Office, and former officials from the Internal Revenue Service, the Federal Reserve Board, and the National Archives and Records Administration. Members are appointed from academia, private practice, and agencies, including professors from Georgetown University Law Center, New York University School of Law, and practitioners affiliated with firms that have litigated before the United States Court of Appeals for the Second Circuit and the District of Columbia Circuit. Leadership has included figures associated with the Office of Legal Counsel, former clerks to Justice Antonin Scalia and Justice Ruth Bader Ginsburg, and advisors to presidents from Bill Clinton to Barack Obama. The administrative staff collaborates with offices such as the Library of Congress and the National Science Foundation for research dissemination.

ACUS produces consensus recommendations on matters touching agencies like the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Department of Labor. Topics have included adjudication reforms referencing precedents from the United States Court of Appeals for the Federal Circuit and evidence rules influenced by cases in the United States District Court for the Southern District of New York. Recommendations address rulemaking procedures, alternative dispute resolution paralleling practices in the International Court of Justice, and retrospective review similar to programs in the European Commission. The Conference’s reports have engaged stakeholders such as the National Association of Attorneys General, the United States Chamber of Commerce, and advocacy groups like the American Civil Liberties Union and Public Citizen.

ACUS recommendations have been adopted by agencies including the Federal Aviation Administration, the Department of Veterans Affairs, and the Consumer Financial Protection Bureau, influencing adjudicatory practices and notice-and-comment procedures referenced in opinions by judges on the United States Court of Appeals for the Sixth Circuit and the Ninth Circuit Court of Appeals. Scholars at institutions like Princeton University and Yale University have cited ACUS work in analyses of administrative law doctrine alongside research from the Hoover Institution and the Cato Institute. Critics from bodies such as the Heritage Foundation and commentators in publications like The Wall Street Journal and The New York Times have questioned the Conference’s independence and the implementation costs for agencies including the National Labor Relations Board and the Federal Deposit Insurance Corporation, while defenders point to endorsements from the American Bar Association and bipartisan congressional supporters on oversight committees. International observers from the United Nations and the World Bank have noted ACUS as a model for procedural reform in comparative administrative systems.