[Congressional Record (Bound Edition), Volume 157 (2011), Part 9]
[House]
[Pages 12682-12684]
[From the U.S. 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 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

[[Page 12683]]

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.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of 
H.R. 2480, ``The Administrative Conference of the United States 
Reauthorization Act of 2011,'' which authorizes $2.75 million in 
appropriations to the Administrative Conference of the United States 
for each of the fiscal years from 2012 through 2014. The Administrative 
Conference of the United States (ACUS) is considered both an 
independent agency and a federal advisory committee, and is charged 
with providing guidance to Congress on matters of administrative law. 
The recommendations put forth by the ACUS have resulted in significant 
savings and increases the efficiency of federal agencies.
  As a senior member of the Judiciary Committee, I have the privilege 
of having worked closely with the Administrative Conference of the 
United States (ACUS) over the years and become familiarized with many 
of their initiatives. ACUS is a federal agency charged with making 
recommendations for the improvement of administrative agencies and 
their procedures, particularly with respect to efficiency and fairness.
  The ACUS was established 50 years ago by President John F. Kennedy 
and became a permanent independent agency in less than 4 years. The 
purpose of the ACUS is to develop recommendations for improving 
procedures by which federal agencies administer regulatory, benefit, 
and other government programs; the ACUS has served as a private-public 
think tank that conducts basic research on how to improve the 
regulatory and legal process. It has broad jurisdiction over 
administrative procedure to study the efficiency, adequacy, and 
fairness of the administrative procedure used by administrative 
agencies in carrying out administrative programs, and make 
recommendations to administrative agencies, collectively or 
individually, and to the President, Congress, or the Judicial 
Conference of the United States.
  Further, the ACUS facilitates the interchange among administrative 
agencies of information potentially useful in improving administrative 
procedure, collects information and statistics from administrative 
agencies and has published extensive reports evaluating and improving 
administrative procedure.
  The members of the ACUS represent both the public and private 
sectors. Individuals from private sector members are generally 
attorneys and scholars selected to ensure broad representation of the 
views of private citizens and utilize diverse experience. Over the 
years its membership spans the ideological spectrum. For example, 
Justice Antonin Scalia, before his appointment to the bench, served as 
the chair of ACUS from 1972 to 1974. Justice Breyer was a member of 
ACUS and actively participated in its activities from 1981 to 1994. In 
the past, both Justices Breyer and Scalia testified in strong support 
of ACUS. According to Justice Breyer, ``The Administrative Conference 
is unique in that it develops its recommendations by bringing together 
at least four important groups of people: top-level agency 
administrators; professional agency staff; private (including ``public 
interest'') practitioners; and academicians. ACUS will typically 
commission a study by an academician . . . who often has the time to 
conduct the study. . . . The professor will spend time with agency 
staff. . . . The professor's draft will be reviewed . . . by private 
practitioners, who bring to it a critically important practical 
perspective. The upshot is likely to be a work-product that draws upon 
many different points of view, that is practically helpful and that 
commends general acceptance.'' (Letter from Justice Stephen Breyer to 
Sen. Charles E. Grassley, Chair, Subcomm. on Administrative Oversight 
and the Courts of the Senate Committee on the Judiciary (Aug. 21, 
1995).
  The ACUS has made many government wide recommendations; among its 
most influential recommendations have been ACUS's proposals 
facilitating judicial review of agency decisions and eliminating 
various technical impediments to such review. They recommended a model 
administrative civil penalty statute that has served as the basis for 
dozens of pieces of legislation. The ACUS has developed and promoted 
procedures implementing the Negotiated Rulemaking Act, which encourages 
consensual resolution in a process that takes into account the needs of 
various affected interests. In addition, ACUS is credited with playing 
a prominent role in improving the nation's legal system by issuing 
recommendations designed ``to eliminate excessive litigation costs and 
long delays.'' For example, Congress, in response to an ACUS 
recommendation, passed the Administrative Dispute Resolution Act in 
1990, which established a framework for agencies to resolve 
administrative litigation through alternative dispute resolution. It 
has been noted that half of the budget of ACUS is devoted to trying to 
find ways to reduce, or eliminate government litigation within and by 
the Government. The ACUS saves tax payers dollars and in a time of 
economic crisis every penny counts.
  The ACUS serves to focus attention on the need for the federal 
government to be made more efficient, less big, and more accountable. 
It was viewed as one of the leading federal proponents of practical 
ways to reduce administrative litigation. In this regard, ACUS actively 
promoted information-technology initiatives, such as developing methods 
by which the public could participate electronically in agency 
rulemaking proceedings to increase public access to government 
information and foster greater openness in government operations.
  We have witnessed a number of successes under the ACUS. The ACUS is a 
vital tool in improving upon a process. There has been a lot of talk on 
the Hill of late about efficiency, streamlining process, and reducing 
costs. The fundamental purpose of the ACUS is to find out how to ensure 
that our government is operating in the most effective manner possible. 
The more efficiently we are able to operate the lower our cost. It has 
been estimated that ACUS saved the federal government and the private 
sector many multiples of its expenditure over the years it was in 
operation. Just one agency alone--the Social Security Administration--
estimated that ACUS's recommendation to change that agency's appeals 
process would result in approximately $85 million in savings. ACUS 
helped federal agencies to implement the Administrative Dispute 
Resolution Act of 1990, which resulted in savings estimated to be many 
millions of dollars. The President of the American Arbitration 
Association asserted that ACUS's encouragement of ADR saved ``millions 
of dollars that would otherwise be frittered away in litigation 
costs.''
  Accordingly, the elimination of ACUS in 1995 was described by several 
observers as being ``penny-wise, pound foolish.'' Even after its demise 
in 1995, Congress continued to assign ACUS various responsibilities 
apparently unaware of the Conference's termination. Finally, after a 
15-year hiatus, ACUS was reauthorized and appropriated funding.
  Currently, President Obama nominated Paul R. Verkuil to serve as 
chair of ACUS in November 2009 and he was confirmed by the Senate in 
March 2010. The ACUS formally resumed operations in April 2010.
  Then since its recent Reauthorization the ACUS has started to do what 
it does best figuring out ways to decrease expenses and increase 
efficiency. Current cost-saving projects underway at ACUS include the 
following:
  A study on the use of video hearings in administrative agencies and 
how they can generate ``significant savings;'' a study on rulemaking 
that focuses on the legal and logistical issues presented by 
transitioning from a paper-based system to an electronic system for 
handling rulemaking comments, an examination into how international 
regulatory cooperation could be improved and lead to trade 
harmonization.
  Over the course of its existence, ACUS has promulgated approximately 
200 recommendations to improve the administrative process, many of 
which were implemented, which, in turn, helped save taxpayers many 
millions of dollars. ACUS is an invaluable instrument established by us 
that has resulted in significant improvements to federal administrative 
law.

[[Page 12684]]


  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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