[Congressional Record Volume 157, Number 119 (Monday, August 1, 2011)]
[House]
[Pages H5822-H5823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES REAUTHORIZATION ACT OF 
                                  2011

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 2480) to amend title 5, United States Code, to authorize 
appropriations for the Administrative Conference of the United States 
for fiscal years 2012, 2013, and 2014, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2480

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Administrative Conference of 
     the United States Reauthorization Act of 2011''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       Section 596 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 596. Authorization of appropriations

       ``There are authorized to be appropriated to carry out this 
     subchapter not more than $2,900,000 for fiscal year 2012, 
     $2,900,000 for fiscal year 2013, and $2,900,000 for fiscal 
     year 2014. Of any amounts appropriated under this section, 
     not more than $2,500 may be made available in each fiscal 
     year for official representation and entertainment expenses 
     for foreign dignitaries.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentleman from Tennessee (Mr. Cohen) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous materials on H.R. 2480, as 
amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.

                              {time}  1240

  Mr. SMITH of Texas. I yield myself such time as I may consume.
  Mr. Speaker, I offer this bill on behalf of myself, the gentleman 
from North Carolina (Mr. Coble), and the gentleman from Tennessee (Mr. 
Cohen).
  Lately, the need to reform Federal administrative law has become 
urgent. Every day the long promised economic recovery seems more like a 
mirage. Our top priority should be to create jobs. Protecting job 
creators from overregulation will help create jobs. According to the 
Small Business Administration, regulations impose a $1.75 trillion 
burden annually on the American economy. Reducing this burden will 
hasten our economic recovery.
  The Administrative Conference of the United States is a small but 
important institution. It is a narrowly focused, nonpartisan body that 
offers an outstanding forum to reform Federal administrative law. 
Regulatory agencies must be efficient, effective, and accountable. This 
is the heart of the Conference's historical mission. Over the years, 
its recommendations have saved taxpayers tens of millions of dollars. 
For example, the Social Security Administration saved $85 million by 
adopting a recommendation to eliminate an unnecessary step in its 
appeals process. The Conference's budget was $1.8 million at the time. 
And the Federal Deposit Insurance Corporation saved more than $9 
million in the first 18 months of a pilot program implementing an ACUS 
recommendation to make greater use of alternative dispute resolution. 
ACUS currently is urging agencies to expand their use of video 
hearings. The Social Security Administration already has saved $59 
million by doing more hearings by video conference. This ACUS 
recommendation has the potential to save millions more across the 
Federal Government.
  Due to a lack of funding, the Conference went dormant in 1996. It was 
revived in the 111th Congress, and I am glad that once again it is able 
to contribute to administrative law reform. The Conference is uniquely 
positioned to generate much savings for very little cost. 
Recommendations from the Conference save taxpayer dollars by helping 
agencies work more effectively. The Conference also helps agencies 
adopt better and less burdensome regulations to reduce that $1.75 
trillion regulatory burden on the economy. Additionally, the 
Subcommittee on Commercial and Administrative Law's December 2006 
interim report on regulatory reform contains numerous suggested reforms 
that ACUS could examine and help agencies implement.
  During these difficult economic times, everyone has to tighten their 
belts, including Federal agencies. If American families have to make 
tough economic choices, so should Congress. The amount authorized by 
this bill, $2.9 million annually for the next three fiscal years, was a 
bipartisan compromise. It reduces the Conference's authorization level 
by almost 10 percent while enabling the Conference to perform its most 
critical work. The Conference's past successes raise the prospect for a 
high return on the taxpayers' investment. It is a reasonable 
authorization level in light of the current need to reduce Federal 
spending, and I recommend it to my colleagues.
  I reserve the balance of my time.
  Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
  It's been a pleasure working with Chairman Smith, who yields the 
time, never as much as I may consume, but yields the time, which I'm 
always appreciative of, and we've worked in a bipartisan manner on 
this, and I appreciate his working with me on that.
  The Federal administrative law and rulemaking processes are among the 
most important ways by which our Nation implements public policy. Each 
year, agencies issue regulations to ensure that the food we eat, the 
air we breathe, and the cars we drive are safe. Although regulations 
play a critical role in virtually every aspect of our daily lives, 
there is only one independent, nonpartisan Federal entity that Congress 
can rely on to ensure that these regulations work as intended. The 
Administrative Conference of the United States, known as ACUS, is that 
critical entity.
  First established by President John Fitzgerald Kennedy, the 
Conference is a nonpartisan, public-private resource that provides 
invaluable guidance to Congress about how to improve the administrative 
and regulatory processes. ACUS is charged with making recommendations 
for the improvement of administrative agencies and their procedures, 
particularly with respect to efficiency and fairness. Over the years, 
the Conference has helped agencies implement many cost-saving 
procedures and made numerous recommendations to eliminate excessive 
litigation costs and long delays.
  Just one agency alone, the Social Security Administration, estimates 
that the Conference's recommendations to change that agency's appeals 
process yielded approximately $85 million in savings. Another 
recommendation by the Conference, namely, that agencies use alternative 
dispute resolution methods to avoid costly and time-consuming 
litigation, resulted in more than $100 million in savings government-
wide. Several other ACUS recommendations have greatly increased the 
efficiency of other administrative procedures by eliminating 
duplicative hearings and streamlining appeals from agency action, 
thereby also resulting in cost savings in the millions of dollars.
  In what is truly a rare and historic example of agreement, Supreme 
Court Justices Stephen Breyer and Antonin Scalia have jointly testified 
before our committee in strong support of the Conference, not once but 
on two occasions, and I must say I enjoyed both of

[[Page H5823]]

their comments and their friendship. Justice Breyer extolled the 
``huge'' savings to the public resulting from the Conference's 
recommendations, while Justice Scalia likewise agreed that ACUS is ``an 
enormous bargain.'' Perhaps most importantly, ACUS can play a major 
role in helping agencies become even more efficient and effective, 
especially given the present budgetary constraints.
  As reported by the Judiciary Committee, H.R. 2480, the Administrative 
Conference of the United States Reauthorization Act of 2011, authorizes 
$2.9 million to be appropriated to the Conference for each of fiscal 
years 2012 through 2014. With this modest reauthorization, we will 
ensure that the Conference will continue to return to American 
taxpayers many multiples of that investment in the form of 
recommendations that will make Federal agencies more effective.
  H.R. 2480 reflects a long history of bipartisan support for ACUS. 
Once again, I thank the chairman of the Judiciary Committee, Lamar 
Smith, a gentleman and a scholar, and the Courts, Commercial and 
Administrative Law Subcommittee Chairman Howard Coble, a gentleman and 
a scholar as well, for working with me on this legislation, and I look 
forward to continuing to work with my colleagues on the other side of 
the aisle to secure final passage of H.R. 2480 by the other body. 
Accordingly, I urge all of my colleagues to support the legislation.
  I yield back the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I have no requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 2480, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of Texas. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

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