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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

ACUS Spring Committee Meetings – Studies Worth Following

Posted in Judicial Process, Regulatory Process

The Administrative Conference of the United States (ACUS) announced today a series of meetings by various committees to consider research projects and recommendations.  ACUS is an advisory committee composed of about 100 of the government officials and members of the public most steeped in federal administrative law.  Agree or disagree with ACUS recommendations, they are usually worth considering.  The schedule announced today may lead to consideration of recommendations by an ACUS plenary session in June.

ACUS:  Created by Congress, ACUS frequently makes significant recommendations that would improve the administration of government.  ACUS develops recommendations through committees that consider consultants’ reports on distinct topics.  As announced in a Federal Register Notice, four committees are scheduled to meet this Spring.

Committee on Adjudication: The committee plans to consider Dean Harold Krent (IIT- Chicago – law) and Associate Dean Scott Morris (IIT-Chicago – Psychology)’s draft report and recommendations on social security disability adjudication.  The draft report  presents findings and recommendations based on legal and empirical analysis of the Social Security Administration’s adjudication of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims.  If memory serves, the SSA asked ACUS to undertake this study to analyze perceived problems.  The committee plans to meet:

  • March 6, 2013 at 2:00 p.m.
  • April 8, 2013 at 2:00 p.m.
  • April 30, 2013 at 2:00 p.m.

Committee on Judicial Review: The committee plans to consider a draft report prepared by your author (note disclaimer) on the composition and compilation of administrative records prepared by federal agencies for use in informal agency regulatory proceedings and, if agency decisionmaking is challenged, for the purpose of review by federal courts.  The issue is of recurring interest within the Conference and the electronic revolution has changed much of the thinking that goes into administrative records.  The committee plans to meet:

  • March 19, 2013 at 2:00 p.m.
  • April 3, 2013 at 2:00 p.m.
  • April 22, 2013 at 2:00 p.m.

Committee on Regulation:  The committee plans to discuss two projects:

  1. A revised report examining the use of science by administrative agencies by Professor Wendy Wagner (Texas), as well as a set of proposed recommendations to enhance the transparency and integrity of agency scientific factfinding.  This study follows on an ACUS – National Academy of Sciences workshop, a George Washington University Regulatory Studies Center workshop, and a Small Business Administration (SBA) roundtable.
  2. A draft report on independent agency assessment of the benefits and costs related to their rulemakings by Curtis Copeland and recommendations.  The independent agencies implement numerous statutory analytical requirements (not Office of Management and Budget (OMB) regulatory impact analyses) that deserve this review.

The committee plans to meet:

  • March 4, 2013, at 1:00 p.m.
  • April 2, 2013 at 1:00 p.m.
  • April 29, 2013 at 1:00 p.m.

Committee on Rulemaking: will meet to consider a draft report by Professor Michael Herz (Cardozo) on the policy and legal issues implicated by agency use of social media to support rulemaking, and recommendations.

  • March 25, 2013 at 2:00 p.m.
  • April 23, 2013 at 9:30 a.m.

RSVP:  The committee meetings will be held at 1120 20th Street NW., Suite 702 South, Washington, DC 20036.  RSVP is required and can be done directly on the ACUS calendar.  Committee meetings are also streamed on the web.  Reports, as they are available, can be access by clicking through the calendar.

Disclaimer:  The author is a consultant to ACUS on the Committee on Judicial Review administrative records projected noted above.