Recommendations | Page 26 | Administrative Conference of the United States

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.

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 20 such statements, which are included in the searchable database of recommendations.

Adverse Agency Publicity

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Recommendation number: 73-1
Adopted on: June 8, 1973

For the project report click here: https://www.acus.gov/report/project-report-recommendation-73-1

Adverse agency publicity—that is, statements made by an agency or its personnel which invite public attention to an agency’s action or policy and which may adversely affect persons identified therein[1]—can cause serious and sometimes unfair injury. Where a reasonable and equally effective alternative is not available,...

Labor Certification of Immigrant Aliens

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Recommendation number: 73-2
Adopted on: June 8, 1973

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

Under the 1965 amendments to the Immigration and Nationality Act aliens seeking permanent residence for the purpose of employment must obtain a certification from the Secretary of Labor that, in essence, there are no suitable workers available in the United States and that their employment will not adversely affect wages...

Quality Assurance Systems in the Adjudication of Claims of Entitlement to Benefits or Compensation

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Recommendation number: 73-3
Adopted on: June 8, 1973

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

The federal government is engaged in either the direct administration or the funding of a substantial number of programs which involve the adjudication of claims of entitlement to benefits or compensation. Examples include veterans’ benefits; the basic Social Security (OASDI) programs; Medicare and Medicaid; public...

Administration of the Antidumping Law by the Department of the Treasury

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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...

Elimination of the "Military or Foreign Affairs Function" Exemption from APA Rulemaking Requirements

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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...

Procedures for Resolution of Environmental Issues in Licensing Proceedings

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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...

Statement #2: Statement of the Administrative Conference on the ABA Proposals to Amend the Administrative Procedure Act

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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...

Statement #3: Statement of the Administrative Conference on ABA Resolution No.1 Proposing to Amend the Definition of "Rule" in the Administrative Procedure Act

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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...

Broadcast of Agency Proceedings

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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...

Conflict-of-Interest Problems in Dealing With Natural Resources of Indian Tribes

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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...