ACUS Recommendations

The rulemaking function of federal regulatory agencies is typically accomplished today through “e-rulemaking”: that is, through “‘the use of digital technologies in the development and implementation of regulations,’ before or during the informal rulemaking process, i.e., ... Read more

The Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, governs the process whereby the President or an administrative agency obtains advice from groups that include one or more non-federal employees.  It places various limits on the formation of such groups and requires that ... Read more

In June 1991, the Administrative Conference issued Recommendation 91-1, “Federal Agency Cooperation with Foreign Government Regulators,” finding that “[i]f American administrative agencies could ever afford to engage in regulatory activities without regard to the policies ... Read more

Incorporation by reference allows agencies to comply with the requirement of publishing rules in the Federal Register to be codified in the Code of Federal Regulations (CFR) by referring to material published elsewhere.1   The practice is first and foremost ... Read more

Since the early 1990s, video teleconferencing technology (“VTC”) has been explored by various entities in the public and private sectors for its potential use in administrative hearings and other adjudicatory proceedings.1   In the last 10 years, advances in technology and carrier services ... Read more

The Conference believes that it is important to ensure that services provided by government contractors—particularly those services that are similar to those performed by government employees—are performed with integrity and that the public interest is protected. In that light, the ... Read more

One of the primary innovations associated with the Administrative Procedure Act (“APA”) was its implementation of a comment period in which agencies solicit the views of interested members of the public on proposed rules.1 The procedure created by the APA has come to be called ... Read more

Agencies are increasingly turning to e-Rulemaking to conduct and improve regulatory proceedings. “E-Rulemaking” has been defined as “the use of digital technologies in the development and implementation of regulations”1 before or during the informal rulemaking process, i.e., ... Read more

Presidents Reagan and Clinton both issued executive orders mandating executive branch agencies,1 and urging independent agencies,2 to take certain measures to ensure proper respect for principles of federalism. Executive Order 13132, “Federalism,” issued by President Clinton on August 4, 1999 ... Read more

Despite the efforts of the agencies charged with enforcing the Americans with Disabilities Act (ADA), there are substantial backlogs of cases at the investigation stage at many agencies, creating unusually lengthy delays in enforcement. Because of enforcement delays, many ... Read more