Administrative Conference of the United States Reauthorization Act of 2011

Floor Speech

Date: Aug. 1, 2011
Location: Washington, DC

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Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.

It's been a pleasure working with Chairman Smith, who yields the time, never as much as I may consume, but yields the time, which I'm always appreciative of, and we've worked in a bipartisan manner on this, and I appreciate his working with me on that.

The Federal administrative law and rulemaking processes are among the most important ways by which our Nation implements public policy. Each year, agencies issue regulations to ensure that the food we eat, the air we breathe, and the cars we drive are safe. Although regulations play a critical role in virtually every aspect of our daily lives, there is only one independent, nonpartisan Federal entity that Congress can rely on to ensure that these regulations work as intended. The Administrative Conference of the United States, known as ACUS, is that critical entity.

First established by President John Fitzgerald Kennedy, the Conference is a nonpartisan, public-private resource that provides invaluable guidance to Congress about how to improve the administrative and regulatory processes. ACUS is charged with making recommendations for the improvement of administrative agencies and their procedures, particularly with respect to efficiency and fairness. Over the years, the Conference has helped agencies implement many cost-saving procedures and made numerous recommendations to eliminate excessive litigation costs and long delays.

Just one agency alone, the Social Security Administration, estimates that the Conference's recommendations to change that agency's appeals process yielded approximately $85 million in savings. Another recommendation by the Conference, namely, that agencies use alternative dispute resolution methods to avoid costly and time-consuming litigation, resulted in more than $100 million in savings government-wide. Several other ACUS recommendations have greatly increased the efficiency of other administrative procedures by eliminating duplicative hearings and streamlining appeals from agency action, thereby also resulting in cost savings in the millions of dollars.

In what is truly a rare and historic example of agreement, Supreme Court Justices Stephen Breyer and Antonin Scalia have jointly testified before our committee in strong support of the Conference, not once but on two occasions, and I must say I enjoyed both of their comments and their friendship. Justice Breyer extolled the "huge'' savings to the public resulting from the Conference's recommendations, while Justice Scalia likewise agreed that ACUS is "an enormous bargain.'' Perhaps most importantly, ACUS can play a major role in helping agencies become even more efficient and effective, especially given the present budgetary constraints.

As reported by the Judiciary Committee, H.R. 2480, the Administrative Conference of the United States Reauthorization Act of 2011, authorizes $2.9 million to be appropriated to the Conference for each of fiscal years 2012 through 2014. With this modest reauthorization, we will ensure that the Conference will continue to return to American taxpayers many multiples of that investment in the form of recommendations that will make Federal agencies more effective.

H.R. 2480 reflects a long history of bipartisan support for ACUS. Once again, I thank the chairman of the Judiciary Committee, Lamar Smith, a gentleman and a scholar, and the Courts, Commercial and Administrative Law Subcommittee Chairman Howard Coble, a gentleman and a scholar as well, for working with me on this legislation, and I look forward to continuing to work with my colleagues on the other side of the aisle to secure final passage of H.R. 2480 by the other body. Accordingly, I urge all of my colleagues to support the legislation.

I yield back the balance of my time.

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