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Congress Should Fund The Administrative Conference Of The United States

The American Bar Association's Section of Administrative Law and Regulatory Practice recently recommended that the President "take steps to re-establish a governmental entity that will systematically promote improvements in the administrative process." 52 Admin. L. Rev. 1099, 1108 (ABA, 2000). CRE whole heartily endorses this ABA recommendation. It is bipartisan and would significantly improve the federal government's regulatory process if implemented.

CRE also agrees with the ABA that its recommendation could easily be implemented by Congress's appropriating funds for the Administrative Conference of the United States ("ACUS"). Congress created the ACUS to

study the efficiency, adequacy, 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, in connection therewith....

5 U.S.C. § 594(1).

Many of the ACUS studies and recommendations resulted in substantial improvements in the administrative process. For example, the ACUS was instrumental in social security procedural reforms; Freedom of Information Act reforms; user fees; alternative dispute resolution techniques; and administrative process reforms in numerous other areas. The ABA recommendation points out that approximately three-fourths of the ACUS' recommendations were implemented in whole or part. 52 Admin. L. Rev. 1109-10.

The ACUS statutory mandate and authority still exist. There is no other entity with this mandate and authority. However, Congress has not appropriated funds for the ACUS since fiscal year 1995.

Funding the ACUS is a CRE priority issue. CRE asks everyone who wants to improve the federal government's administrative process to join CRE in asking Congress to authorize funds for the ACUS so that it can fulfill its very important, bipartisan and unique mission.

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