The Administrative Conference issues recommendations to enhance fairness and transparency in administrative government.
The Administrative Conference of the United States (ACUS) is an independent federal agency that studies administrative processes and issues recommendations to improve the functioning of public administration. Each year, ACUS convenes experts from the public and private sector and sponsors research focusing on improving administrative government. By issuing recommendations, ACUS encourages fair, efficient, and transparent administrative procedures and governmental practices.
Earlier this year, following its 73rd plenary session, ACUS published six new recommendations. In addition, ACUS published a statement based on recent ACUS reports identifying important issues with agency use of artificial intelligence and machine learning.
The Regulatory Review invited experts and scholars to explore how the six ACUS recommendations and one ACUS statement would improve administrative government. Collectively, these recent products from ACUS highlight the importance of ensuring that administrative procedures are accessible and transparent to the public. The best practices ACUS has identified seek to improve how agencies communicate with members of the public.
The Regulatory Review is pleased to present this series of essays on ACUS’s latest recommendations, featuring contributions from: John F. Cooney, ACUS; Kristin Hickman, University of Minnesota Law School; Kellen McCoy, University of Pennsylvania Law School; Todd Rubin, ACUS; Leigh Anne Schriever, ACUS; Mark Thomson, ACUS; Christopher J. Walker, Ohio State University Moritz College of Law; Matthew Lee Wiener, ACUS; Christopher S. Yoo, University of Pennsylvania Law School; and Christopher R. Yukins, George Washington University Law School.
Transparency and Privacy in Public Rulemaking Dockets
May 24, 2021 | Christopher S. Yoo and Kellen McCoy, University of Pennsylvania Law School
A new ACUS recommendation provides agencies with a framework for providing the greatest possible government transparency consistent with protecting interests in privacy and business confidentiality.
Publication of Policies Governing Agency Adjudicators
May 25, 2021 | Leigh Anne Schriever, Administrative Conference of the United States
Too little is known about the adjudicators who conduct adjudications on a large variety of agency matters. Agencies should publish their agency adjudicator policies.
Using Artificial Intelligence in Administrative Agencies
May 26, 2021 | Mark Thomson, Administrative Conference of the United States, and John F. Cooney, Administrative Conference of the United States
When agencies use artificial intelligence tools, they should do so in ways that maximize these tools’ potential benefits and minimize their attendant risks.
Rethinking Bid Protests
May 27, 2021 | Christopher R. Yukins, George Washington University Law School
Agencies can improve their bid protest processes by conceiving of these protests as a key ingredient in a responsible risk management system.
Rules for the Rule-Makers
May 31, 2021 | Todd Rubin, Administrative Conference of the United States
Agency internal rulemaking procedures are often difficult or impossible to locate. ACUS proposed several avenues for agencies improve their transparency.
Improving Models for Agency Appellate Review
June 1, 2021 | Christopher Walker, The Ohio State University Moritz College of Law, and Matthew Lee Wiener, Administrative Conference of the United States
A recent ACUS study offers recommendations for improving the appellate review of the millions of decisions made each year by federal agencies.
Improving Agency Litigation Webpages
June 2, 2021 | Mark Thomson, Administrative Conference of the United States, and Kristin Hickman, University of Minnesota Law School
Agency litigation webpages can play a valuable role in conveying information to the public and giving the public better tools for understanding that information.
