Recommendations

The main statutory function of ACUS is to bring together the public and private sectors to recommend improvements to administrative and regulatory processes.

ACUS’s Office of the Chairman, with the approval of the Council, engages consultants to study administrative processes or procedures that may need improvement. Consultants or in-house staff then prepare a comprehensive research report proposing recommendations.  An ACUS committee discusses this report, preparing a draft Recommendation to submit to the Council and, with approval, to the Assembly.  Following a debate the Assembly adopts the final Recommendation, which ACUS undertakes to implement.

                                                                               ACUS Recommendation Process

On occasion, the ACUS membership has acted to adopt a “Statement” to express its views on a particular matter without making a formal recommendation on the subject.  ACUS statements are typically the product of the same process that leads to recommendations, but may set forth issues, conclusions from a study, or comments, rather than recommendations.  ACUS has adopted 19 such statements, which are included in the searchable database of recommendations.

  • Recommendation number: 73-4
  • Adopted on: December 18, 1973

For the project report click here: https://www.acus.gov/report/project-report-recommendation-73-4

 

The antidumping law (19 U.S.C. § 160 et seq. (1971)) is designed to prevent foreign manufacturers from selling their products in the United States market at prices less than those charged abroad—at “less than fair value” (LTFV)—if such price discrimination “injures” domestic competitors. Whenever LTFV sales and resulting...

  • Recommendation number: 73-5
  • Adopted on: December 18, 1973

For the project report click here: https://www.acus.gov/report/project-report-recommendation-73-5

 

The basic principle of the rulemaking provisions of the Administrative Procedure Act—that an opportunity for public participation fosters the fair and informed exercise of rulemaking authority—is undercut by various categorical exemptions in 5 U.S.C. § 553(a). More than 25 years’ experience with rulemaking under the APA...

  • Recommendation number: 73-6
  • Adopted on: December 19, 1973

For the project report click here: https://www.acus.gov/report/project-report-recommendation-73-6

 

The new environmental legislation, especially the National Environmental Policy Act, has imposed on licensing agencies responsibility to consider environmental values in licensing that involves major Federal action significantly affecting the environment. The new responsibility has created new difficulties and has...

  • Adopted on: June 8, 1973

For the project materials click here: https://www.acus.gov/report/project-report-recommendation-73-statement-2

 

In August 1970, the House of Delegates of the American Bar Association adopted twelve resolutions calling in general terms for amendments to the Administrative Procedure Act. They are a valuable means of focusing the attention of the Administrative Conference, the organized bar, and other interested persons...

  • Adopted on: December 19, 1973

For the project materials click here: https://www.acus.gov/report/project-report-recommendation-73-statement-3

 

The Conference agrees with Resolution No. 1 calling for improved definitions of "rule" and "order" so as to distinguish more clearly between the nature of rulemaking and the nature of adjudication; it endorses the recommendation of the ABA that the words "or particular" and the entire second clause be...

  • Recommendation number: 72-1
  • Adopted on: June 8, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-1

 

In recent years radio and television broadcasters have sought live or delayed coverage of many kinds of public governmental proceedings. While Canon 35 of the Canons of Judicial Ethics of the American Bar Association states that broadcasting or televising of court proceedings “should not be permitted,” the reasons for...

  • Recommendation number: 72-2
  • Adopted on: June 9, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-2

 

The United States acts as the trustee for the land and water rights of American Indians. Many legal disputes involving these rights, however, are between Indians and agencies of the United States which are charged with responsibility to protect Indian interests. Conflict-of-interest problems arising out of this dual...

  • Recommendation number: 72-3
  • Adopted on: June 9, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-3

 

The U.S. Board of Parole consists of eight members and employs a staff of eight examiners. It conducts about 17,000 proceedings a year relating to the grant or denial of parole, involving about 12,000 prison interviews, and close to 2,000 proceedings relating to the revocation or continuation of parole. The Board...

  • Recommendation number: 72-4
  • Adopted on: June 9, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-4

 

The determinations of the Civil Aeronautics Board, Federal Communications Commission, Federal Power Commission, and Interstate Commerce Commission, whether to exercise or refrain from exercising their power to suspend and investigate newly filed rate proposals, are of great importance to regulated companies, their...

  • Recommendation number: 72-5
  • Adopted on: December 14, 1972

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-5

 

The Administrative Procedure Act, 5 U.S.C. § 553 (1970), provides simple, flexible and efficient procedure for rulemaking, including publication of a notice of proposed rulemaking in the Federal Register, opportunity for submission of written comments, and opportunity in the discretion of the agency for oral presentation...